Dillard v. Town of Notasulga Motion to Dismiss; Correspondence from Dunne to Schmitt

    Day ALA Str 

  

Schmitt & Harper 
A PROFESSIONAL CORPORATION 

STEVEN F. SCHMITT ATTORNEYS AT LAW P. 0. BOX 606 

MICHAEL S. HARPER 213 BARNETT BOULEVARD TELEPHONE (205) 283-6855 

JOHN G. SMITH TALLASSEE, ALABAMA 36078 FAX (205) 283-6858 

March 8, 1994 

Honorable Thomas C. Caver 

Clerk, District Court 
Post Office Box 711 
Montgomery, AL 36101 

RE: John Dillard, et a. vs. Town of Notasulga 
C.A. No. 87-T-1268-N 

Dear Mr. Caver: 

Enclosed, please find the original of the "Town of Notasulga’s 
Motion to Dismiss" to be filed in your office with regards to the 
above matter. I have enclosed an extra copy to be marked "filed" 
and returned to my attention. If you have any questions or if 
you need any further documentation, please let me know. 

Ve truly yours, 

STEVEN F. SCHMITT 

SFS/ac 

Enclosures 

cc/Mayor Cecil Langford 
Edward Still 

games U. Blacksher 

Julius Chambers 
Mort P. Ames 

U.S. Department of Justice tA yw: 

 



IN THE UNITED STATES DISTRICT COURT FOR THE 
MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JOHN DILLARD, ET AL 

PLAINTIFFS 

VS. C.A. NO. 87-T-1268-N 

TOWN OF NOTASULGA, 

DEFENDANT 

TOWN OF NOTASULGA’S MOTION TO DISMISS 
  

Comes now the Town of Notasulga and moves this Court for an 

order dismissing it as a party defendant in the above action. As 

grounds for this motion, Town of Notasulga would show the 

following: 

1. On May 19, 1992, Town of Notasulga submitted its 

proposed redistricting plan based upon the 1990 census. The plan 

was attached as Exhibit "A" to the filing made that date. 

2. On July 20, 1992, counsel for the Town of Notasulga 

received a letter dated July 13, 1992 from the U.S. Justice 

Department, Civil Rights Division. This letter stated in part 

that: 

"The Attorney General does not interpose any objection 
to the specified change." 

The change referred to in said letter is the Exhibit "A" earlier 

filed with this Court. A copy of the letter from the U.S. 

Department of Justice, Civil Rights Division dated July 13, 1992 

is attached to this motion as Exhibit "B". 

3. The proposed redistricting plan, Exhibit "A" was 

followed by the Town of Notasulga during its municipal elections 

1  



held August 25, 1992. Those individuals elected as a result of 

  

the municipal elections were scheduled to take office and in fact 

did take office on the first Monday of October, 1992, i.e. 

October 5, 1992. | 

Wherefore, the above premises considered, the Town of 

Notasulga moves this Court to: 

3. Approve the redistricting plan, Exhibit "A", which has 

been precleared by the Department of Justice, Civil Rights 

Division on July 13, 1992. 

2. Order that those individuals elected pursuant to the 

August 25, 1992 municipal elections or any "run-off" resulting 

therefrom be declared the duly elected officials of the Town of 

Notasulga to take office effective October 5, 1992. 

33 Dismiss the Town of Notasulga as a party defendant in 

this case. 

4. Order any further or additional relief to which the 

Town of Notasulga is entitled in this matter. 

SCHMITT & HARPER 
A PROFESSIONAL CORPORATION 

P.O. Box 606 ey 
213 Barnett Boulevard ) 
Tallassee, AL 36078 STEVEN F. SCHMITT 

Telephone: 205/283-6855 Attorney for Town of Notasulga 

    

CERTIFICATE OF SERVICE 
  

I hereby certify that I have this 8th day of March, 1994, 

mailed a copy of the foregoing document to Edward Still, Esquire, 

714 South 29th Street, Birmingham, AL 35233-2845; James U. 

 



  

Blacksher, Esquire, Fifth Floor, Title Building, 300 21st Street 

North, Birmingham, AL 35203; Julius Chambers, NAACP Legal Defense 

Fund, 99 Hudson Street, New York, NY 10013; Mort P. Ames, 

Esquire, Deputy Attorney General, Alabama State House, 11 South 

Union Street, Montgomery, AL 36130 and U.S. Department of 

Justice, Civil Rights Division, Voting Section, P.O. Box 66128, 

Washington, D.C. 20035-6128, by United States Mail, postage 

prepaid. Fong 

  

OF COUNSEL 

 



  

* U.S. Department of 0. EXHIBIT 'B 

Civil Rights Division 

  

JRD:LLT:CMS:1r 3 Voting Section 

DJ 166-012-3 PO. Box 66128 
92-2340 Washington, D.C. 20035-6128 

Steven F. Schmitt, Esq. 
Schmitt & Harper 
P. O. Box 606 
Tallassee, Alabama 36078 

Dear Mr. Schmitt: 

This refers to the 1992 redistricting plan for the Town of 
Notasulga in Lee and Macon Counties, Alabama, submitted to the 
Attorney General pursuant to Section 5 of the Voting Rights Act 
of 1965, as amended, 42 U.S.C. 1973c. We received your 
submission on May 14, 1992. 

The Attorney General does not interpose any objection to 
the specified change. However, we note that Section 5 expressly 
provides that the failure of the Attorney General to object does 
not bar subsequent litigation to enjoin the enforcement of the 
change. See the Procedures for the Administration of Section 5 
(28 C.F.R. 81.41). 

We note that a proper submission of a voting change for 
Section 5 review should be addressed to the Chief, Voting 
Section, Civil Rights Division, P. O. Box 66128, Washington, D.C. 
20035-6128. The envelope and first page should be marked: 
Submission under Section 5 of the Voting Rights Act. Transmittal 
of your correspondence to any other office may delay the 
processing of your request. 

Sincerely, 

John R. Dunne 

Assistant Attorney General 
Civil Rights Divisio 

ov: lin ¥. 
Steven H. Rosenbaum 

Chief, Voting Section 

 



SCHMITT & HARPER 
A PROFESSIONAL CORPORATION 

ATTORNEYS AT LAW 
P. 0. BOX 606 

TALLASSEE, ALABAMA 36078 

Julius Chambers 

NAACP Legal Defense Fund 
89 Hudson Street 

New York, New York 10013