esqappellate
President, MSI
- Feb 12, 2012
- 7,408
My goal was to force a decision now that the stay is lifted before the 4th has time to rule on the stay motion that is inevitably coming from Gansler. I am not a legal eagle, so maybe I am wrong, but I have a feeling that the 4th granting a stay request is almost a 95% done deal and is pretty much just a paperwork formality. Then we are all right back in the waiting seat once the 4th issues its stay.
You won't be able to force a decision in 14 days. First, the stay is still in effect so they could deny the app right now, technically. In any event, 14 days is a blink of an eye. They can simply ignore you while the stay is in effect and if the stay is lifted after 14 days, their procedures will take time to process any demand. Pushing the Board gets you nothing fast. If the MSP intends to comply with an injunction (as I think they will) then you will get your permit just as fast by simply waiting. Second, I'm not at all sure that you are correct that it is nearly certain that the ca4 will issue as stay. I am not that certain at all. Could happen, but the state has an uphill climb under the applicable standard of review. Wait and see.