SUPREME COURT OF THE STATE
OF LOUISIANA
*****************
No. 2007 - KH - 866
*****************
MICHAEL
E. DI ROSA
VS
DEPARTMENT
OF PUBLIC SAFETYAND CORRECTIONS
“a body corporate
with the power to sue and be sued “(La R.S Chapter 9 §
401 A)
Case Number F1681551
on the Docket of
First Parish Court Parish
of Jefferson
State of Louisiana
Joseph
Responti presiding
EMERGENCY MOTION FOR THE
RETURN OF MY VEHICLE,
AND / OR THE PERSONAL
PROPERTY CONTAINED THEREIN,
UNTIL SUCH TIME AS THERE
IS A RULING ON THE VALIDITY OF THE CONTESTED LIEN.
Comes
now into court Michael E. DiRosa, a Citizen of the State of Louisiana
for the purpose of moving this court to order the release of my
vehicle until such time as the validity of the contested lien and
ownership of the vehicle can be determined.
I have
purchased the vehicle in good faith believing it to be free of lien
or encumbrance. I have enjoyed usufruct of the vehicle for decades
and did believe myself to be the allodial owner. Suddenly, a lien
holder appears and without offer of proof of the validity of the lien
nor evidence of compensation paid did seize the vehicle, literally
from under me, at gunpoint. Until such time as the claimant of the
lien does prove that his lien is valid and can show what compensation
was paid for the privilege his claim must be discounted. The
claimant has the burden of proof of the validity of the lien.
This
State Citizen does fear for his very life. Hurricane Season is upon
us and our levies are still not complete. This vehicle is my
emergency evacuation vehicle, as it has enough room to carry me, some
of my possessions and my canine ward, plus it is high enough to
traverse water that would strand a car. Does one need to mention the
other natural or man made disasters that could befall the city such
as toxic cloud or terrorist attack?
I will
even go and fetch the vehicle and move it to a location where I can
test its mechanical fitness to be the emergency evacuation vehicle
for it has been in storage since the 21st day of December,
2006 and deteriorating. It would also give me the opportunity to
remove the personal property contained within the vehicle of which I
am the uncontested owner. Liability for the accumulated cost of
towing and storage can be determined when ownership of the vehicle
has been established.
I am
moving this court to order the release of my vehicle to me until such
time as due process has been had, as required by law. By what rule
of law is my vehicle being withheld.
Surely
due process can not be far away now that there is no doubt that the
Judges of the Louisiana Supreme Court are aware of the cases numbered
2007 – KH – 131 and 2007 - KH – 866 on their
Docket. The rules of the Louisiana Supreme Court are clear.
“A special assignment for argument may be given by the court in
any case where the state or any subdivision thereof is a party, or in
a matter impressed with the public interest, or in one in which the
court, upon the showing made, believes that the ends of justice
require an immediate hearing. “ Rules of the Supreme Court of
Louisiana, Part A, Rule VI, Section 4.
I
do believe that these cases do fit Rule VI, Section 4.
I
do hereby swear that the above is true and correct to the best of my
knowledge this 23rd day of May, 2007
_________________________________
Michael E. DiRosa
C/O
318 Lakeshore Pkwy.
New
Orleans, Louisiana 70124
XXX – XXX – XXXX
CERTIFICATE OF SERVICE
I, Michael E. DiRosa, do hereby certify that I do not
believe that there is anyone to serve. If this position is in err I
do demand that I be informed of who should be noticed and served and
by what reason they should be served.
This 23rd day of May, 2007
Michael E. DiRosa
O R D E R
It is hereby ordered:
That the vehicle (VIN # 2B6GB13T0DK363203) being held
by the Department of Public Safety and Corrections and last known to
be stored at DC Towing be released without charge to Michael E.
DiRosa. Liability for the towing and storage charges will be
determined when ownership of the vehicle is established.
That the personal property contained within the vehicle
(VIN # 2B6GB13T0DK363203) be released without charge to Michael E.
DiRosa, and access granted to Mr. DiRosa so that he may recover the
aforesaid personal property.
This ____________ day of __________________, 2007
________________________________________________
JUDGE
Supreme Court of the State of
Louisiana
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