Augusta’s District 7

What in the world is going on with naming a replacement fo District 7′s Commission seat? It has now been over 2 weeks since Donnie Smith, District 7′s Commissioner, resigned from his seat. It only took a week for the Commission to appoint a replacement for Joe Jackson after he abruptly resigned last month. Yesterday the Augusta Chronicle ran an article on the likely replacements: Echols, Frantom, and Harris.

One has to wonder why there is, at least from the outside seems, a lack of urgency to appoint a commissioner for District 7. For those who follow the local government, it is fairly easy to guess as to why there was a rush to appoint the commission rushed to get Hasan aboard yet has no urgency to appoint a District 7 replacement.

As the Donnie Smith fiasco has unfolded, I began to think about the District 7 race between Smith and Echols two years ago. I am sure the majority if not all of Smith’s voters now wish they had voted for Echols. During his campaign, Echols pledged not to vote for any property tax increases.

Smith, on the other hand, recently voted for the tax hike, then retreated after the appararent outcry from District 7 residents. Presumably so Smith could save face with his district, Smith voted “no” in the final vote that increased the tax burden.

The vote on the tax increase ended in a 5-5 tie with the mayor casting the tie-breaking vote in favor of the tax increase. If any one of the 5 “no” voters had abstained, the tax increase would have failed. This tactic has been used repeatedly in the past.

Have any of the 5 “no” votes answered the question on why they didn’t abstain? The voters in those districts need to demand answers because their vote was basically a vote in facor of a tax increase.

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Adhesion Contracts

After re-reading my blog post from last Tuesday regarding the terms and conditions we agree to on a daily basis, I thought I should clarify that not ALL adhesion contracts are enforceable.

For example, South Carolina courts view adhesion contracts in vehicle purchase agreements (the agreement the car dealer has you sign) with “considerable skepticism”. As a refresher, adhesion contracts have been defined as standard form, non-negotiable, contracts that are offered on a take-it-orleave-it basis.

Courts will not enforce adhesion contracts if the terms are unconscionable. Certainly, many of these contracts are enforceable but I did not want you to come away with the impression that all of them are enforceable.

Be sure to visit my law office’s website at: www.nehlaw.com

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The Hiatus is Over

I apologize for not posting during the last few weeks. I have been busy starting my own law firm. My law website can be found at nehlaw.com. When I started this blog I posted a picture of me standing under the Miller Theater marquee – “Coming Soon”. Opening my own firm is what I was referring to. Now that I have done that, I will get back to posting regularly as I continue to get everything set up and running. A lot has happened around Augusta in my absence including the resignation of my commissioner.  Hopefully I will have the opportunity this week to post my thoughts on that and some other events that have occurred around Augusta. Thank you!

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