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Dorothy Brizill, Thelma Jones, Anthony Muhammad v. DC Board of Elections and Ethics
Plaintiffs' opposition to defendant's motion to dismiss
May 22, 2006

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SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CIVIL DIVISION

DOROTHY BRIZILL, 1327 Girard Street, NW, Washington, D.C. 20009, (202) 234-6982,
THELMA JONES, 2217 T Place, SE, Washington, D.C. 20020, (202) 678-8194,
ANTHONY MUHAMMAD, 1609 21st Place, SE, Washington, D.C. 20020, (202) 359-3517

Plaintiffs

V.

DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS
441 4th Street, N.W., Suite 250,
Washington, DC 20001
Serve: KENNETH J. McGHIE, General Counsel, Defendant

Civil Action No. 2006 CA 003939 B
Calendar 14
Next Event: Initial Conference
(9/15/06)

Judge Judith E. Retchin

PLAINTIFFSí OPPOSITION TO DEFENDANTíS MOTION TO DISMISS COMPLAINT

1. Plaintiffs object to the defendantís motion to dismiss their complaint. This court has jurisdiction over this case under D.C. Official Code ß 1-1001.16(e)(1)(A) and this courtís general equitable powers. D.C. Code ß 1-1001.16(e)(1)(A) stipulates that, "If any registered qualified elector of the District of Columbia objects to the summary statement, short title, or legislative form of the initiative measure formulated by the Board [of Elections and Ethics] pursuant to subsections (c) and (d) of this section, that person may seek review in the Superior Court of the District of Columbia within 10 calendar days from the date the Board publishes the summary statement, short title, and legislative form in the District of Columbia Register stating objections and requesting appropriate changes. The Superior Court of the District of Columbia shall expedite the consideration of this matter."

2. Since 1978, numerous court cases have held that the Courtís power to review includes its authority to determine whether the proposed initiative is a proper subject for an initiative.

3. Furthermore, Hessey v. Burden, 1992, 615 A.2d 562, held that the Superior Court, once it has acquired jurisdiction, has the power to conduct its own independent, de novo examination of the proposed initiative, and is not limited to reviewing the factors considered by the Board of Elections and Ethics.

4.. The text of the initiative, including the summary statement, short title, and legislative form, was published in the May 12, 2006, edition of the DC Register, and the plaintiffs timely filed their complaint in Superior Court on May 22, 2006.

5. Should the Court grant intervenor status to Barry E. Jarrels, the proponent of the initiative, the plaintiffs would also object to the motion to dismiss that was filed on his behalf on the same grounds.

THE DEFENDANTíS MEMORANDUM OF POINTS AND AUTHORITIES

5. The plaintiffs do not agree with the defendantís legal arguments, interpretations of law, and citation and interpretation of authorities and legal precedents. Plaintiffs reserve their reply at this time, and request that the Court determine a briefing schedule so that they may prepare a brief presenting their arguments, interpretations of law, and legal authorities.

Respectfully submitted,

Dorothy Brizill, pro se
Thelma Jones, pro se
Anthony Muhammad, pro se

May 26, 2006


SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CIVIL DIVISION

DOROTHY BRIZILL, 1327 Girard Street, NW, Washington, D.C. 20009, (202) 234-6982,
THELMA JONES, 2217 T Place, SE, Washington, D.C. 20020, (202) 678-8194,
ANTHONY MUHAMMAD, 1609 21st Place, SE, Washington, D.C. 20020, (202) 359-3517

Plaintiffs

V.

DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS
441 4th Street, N.W., Suite 250,
Washington, DC 20001
Serve: KENNETH J. McGHIE, General Counsel, Defendant

Civil Action No. 2006 CA 003939 B
Calendar 14
Next Event: Initial Conference
(9/15/06)

Judge Judith E. Retchin

ORDER

Upon consideration of Defendantís Motion to Dismiss, the Memorandum of Points and Authorities in support thereof, the record herein, and for good cause shown, it is hereby:

ORDERED, that the Motion should be, and is hereby DENIED.

Superior Court Judge Judith E. Retchin


CERTIFICATE OF SERVICE

I hereby certify that I did, this day, May 26, 2006, personally deliver a copy of this motion in opposition to defendantís motion to dismiss to:

Kenneth McGhie, General Counsel, District of Columbia Board of Elections and Ethics, 441 4th Street, NW, Suite 250, Washington, DC 20001, (202) 727-2194
Jeffrey D. Robinson, Esq., Baach Robinson & Lewis, PLLC, 1201 F Street, NW, Suite 500, Washington, DC 20004-1225, Tel.: (202) 833-8900, Fax: (202) 466-5738

Gary Imhoff

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