Appeal: Denied [2023] FCR 16 - Appeal Request - [2023] SCR 9

[Dartanboy]

- Client Name: Dartanman
- Counsel Name: Dartanman
- Were you originally the plaintiff or the defendant: Plaintiff
- Reasons for the Appeal:
1. The Court Opinion is based on the idea that "According to the Property Standards Act, the DCT is allowed to enforce their own building regulation so long as these regulations are listed."

Whilst partially true, the Property Standards Act (Act of Congress - Property Standards Act) clearly states that these regulations must be displayed on the relevant Rules and Laws Page Node: "The Department of Construction and Transportation shall retain jurisdiction to establish regulations outside of this law and to evict properties in accordance with these laws and regulations. These regulations will be listed under Department policy and will be displayed on the relevant rules and laws page node."

If we head over to the Rules and Laws Page and open up every single spoiler, we can see that "eyesore" does not appear on the page anywhere:

A reasonable and law-abiding person (myself) went to the Rules and Laws Page and scoured the document for any reason it would've been fair for me to be evicted, yet I could not find any. This legislation is clearly designed to protect innocent, law-abiding citizens like myself from tyrannical overreach of the Department of Construction and Transport, and the Federal Court failed to recognize that, and gave the DCT the power to completely ignore an extremely important part of the law: they have to display these regulations on the Rules and Laws page in order for the regulation to be legal, enforceable, and clearly visible for all citizens.

2. The Court opinion is also based on the misunderstanding that "20 days after that (31 days since the initial report), the Plaintiff had still not provided any photographic update, which was requested by the DCT, so he was evicted."

First of all, nowhere in the case did anyone say that failure to provide a photographic update is the reason I was evicted, so having this be the basis for the verdict is assuming facts not in evidence (although a picture was requested, more on that in a moment). For this reason alone, the appeal should be accepted.

3. Building off of point 2, if we take a look at the eviction report thread, a picture was requested to show the progress of the building, specifically for "adding windows and more texture once all the floors [were] built."

It wasn't until after the non-existent picture was requested that I decided to tear down the building. Since no progress towards making the building prettier would take place, it is reasonable to assume that a screenshot is no longer necessary. Nonetheless, I made some progress toward tearing the building down, and then I was suddenly evicted one day.

This verdict is based on multiple issues, including facts that are either not true or not shown in the case as well as an omission of part of the Property Standards Act.

- Additional Information:
Eviction Report: https://www.democracycraft.net/threads/c284-dec-28-2022.15456/
Original Case: Lawsuit: Adjourned - Dartanman v. Commonwealth of Redmont [2023] FCR 16

 

[Nacho]

IN THE SUPREME COURT OF THE COMMONWEALTH OF REDMONT

It is the opinion of this court that the Department of Construction and Transportation upholds 6.11 (Completed Buildings). As defined within the law it declares that buildings are deemed completed in accordance with building regulations. The rules and Law page does not need to be a compressive list, only an outline or brief summary, as department policy is the further outline of the specifics of the law. When reviewed the DCT has 2 instances of what can and cannot be reported and is outlined for Building Inspectors. These regulations are in public view and readily accessible to the public.



For this reason, the Supreme Court will reject this appeal.​