Editorial: Editorial: Slow lawsuits; charge losers fees
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BALTIMORE (Map, News) - Statistics from the Baltimore City Law Department show that residents and others filed 330 lawsuits against the city from Jan. 1, 2005, to June 30, for damages totaling $312,095,299.

Fortunately for Baltimore, plaintiffs did not do so well. The city won 218 of the 330 cases.

And as of June 30, the city paid $415,513 — 0.13 percent of the overall requested compensation in the cases — including the expenses of defending the lawsuits. The city employs 11 full-time attorneys at an average salary of $65,000 and works with eight others in private practice on a part-time basis to manage the caseload.

Claims paid show that many of the cases do not have serious merit — or at least not as much as each plaintiff thought.

Some cases are absolutely ridiculous.

One enlightened Baltimore resident, after a night of drinking, decided to throw a heavy bag of garbage into a city trash truck. He fell into the back of the truck, injuring his arm in the trash compactor.

Most people would be humiliated. Not this guy. He sued the city for $100,000 in compensatory damages and $500,000 in punitive damages.

A jury acquitted the city of any wrongdoing.

What the city should have done is sued him for recklessly abusing the legal system.

What kind of lawyer could in good conscience accept his case? What judge could let it proceed beyond a preliminary hearing?

And what made this irresponsible resident think he had any right to waste “we the people’s” tax dollars in court?

Walter Olson, a Manhattan Institute scholar who chronicles abuses of the legal system at Overlawyered.com, said, “It’s practically legal malpractice not to ask for much more than you are going to get.” Fortunately, the city caps awards for lawsuits at $200,000, save for intentional bad acts by city employees.

That, combined with a smaller population and sensible juries probably saves Baltimore from New York City’s fate.

Olson found that New York City, which does not have a cap on awards, pays out more than $500 million each year to settle lawsuits against the city.

Jurors who acquitted Baltimore in the trash-dumping case showed good sense. But they should not have had to hear the case in the first place.

To curtail frivolous lawsuits, plaintiffs who file them in the city and lose ought to pay the legal fees for the city.

That would make potential plaintiffs — and their lawyers — think twice before jumping into court. It would also help to direct city resources where they are most needed, like our schools.


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Comments from Examiner Readers

3:24 PM MST on Wed., May. 21, 2008 re: "Networking no substitute for good tax policy"

Steven Lessner said:
Shelia Dixon's adminstration is so corrupt that everything she does she and the crooks that surround her have there hand out. This administration is so crooked it makes Daniel Henson's theivery look small.Baltimore City hasn't seen an honest administration since Willie Donald was running things,it is a shame time has taken it's toll on him or i would say get rid od Dixon and her theives. This city will go broke,oh my they are broke with dishonest politians running the government.

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8:54 AM MST on Wed., May. 21, 2008 re: "What college tuition crisis?"

Eric S. said:
I didnt read anything about the cost of books. Every year they go up and the school changes what edition it uses the next year so they dont have to buy the books back. Even with affordible tuition college is still not very affordible. Colleges are like a cell phone companies, hidden fees everywhere.

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1:29 PM MST on Tue., May. 20, 2008 re: "Networking no substitute for good tax policy"

Examiner Reader said:
I'm convinced that Baltimore City will wind up in receivership someday. If Dixon wants to make the city a viable investment option, she needs get the murder rate under 100 per year, and reduce the property tax assessment by 3 cents per $100.

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6:39 AM MST on Mon., May. 19, 2008 re: "Tight-belt leadership"

County personnel employee said:
The taxpayers of Baltimore County need to wake up and realize that they're being fleeced by those who are sworn to protect them. The starting salary for a police officer is ~$50k, with generous benefits and a 20 year pension. What other job would give you this with only a high school diploma? Every year the rank-and-file county employees get nothing, and the police extort huge raises and benefit increases, often at the expense of other county employees. As for take home cars, the average officer may not have one, but we all know that cops look for any and every reason to take home a departmental car. Plus, as soon as you make Captain, you get a shiny new car, and lately they've been street models, not the good ol' crown vic. Police officers is one of the best paying jobs around, and yet these guys continuously cry poormouth at every turn. I hope the council votes down this BS pay hike.

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4:09 PM MST on Sat., May. 17, 2008 re: "Iraq or the NFL"

Examiner Reader said:
Army elite athlete program has been around for years-it allows gifted athletes to pursue their sport while competing for the Army. The Army's policy has been in place since 2005 and athletes have gone on to compete in baseball (Milan Dinga, Nick Hill last year). Now there is an uproar since Army is sending players to the NFL. Please buy some cheese to go with your whine. Now that this Army Policy has consequences for Navy football recruiting the whining does not stop.

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11:46 AM MST on Sat., May. 17, 2008 re: "Tight-belt leadership"

Examiner Reader said:
Why should Chief Johnson have to trim his budget, to offset a 4 million dollar pay raise that was won by the F.O.P. thru binding arbitration? Chief Johnson did not participate in the negotiations between the F.O.P. and the County negotiators. County Voters approved binding arbitration for the Police Department and the County Exec should not be trying to back door the award of the arbitrator the way he has done.For those of us that work for the Baltimore County Police Department, we can tell you it nickles and dimes every purchase and expense it has to make and there is not alot of fat in our budget if there was we would have take home cars, top of the line equipment, up to date computer technology, etc... which we do not have that other surrounding jurisdicitons do. This is just a basic case of Jim Smith and Fred Homan being sore losers in the binding arbitration ruling, the arbitrator found that the County could afford the raise after going over the County's finances.

2 agree | 2 disagree
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2:15 PM MST on Fri., May. 16, 2008 re: "Tight-belt leadership"

Examiner Reader said:
Baltimore county does not have take home cars for it's officers, as do most other jurisdictions in md.

2 agree | 0 disagree
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3:01 PM MST on Thu., May. 15, 2008 re: "Tight-belt leadership"

Dear Editorial said:
Dear Editorial, what you forgot to mention is that Baltimore County requested binding abitration and lost. Fred Homan and Jim Smith rolled the dice and lost, now they have to live up to the deal. If the Police lost the case they would live with it. Its time for Baltimore County to start treating its employees fairly and ethically!

6 agree | 0 disagree
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2:18 PM MST on Thu., May. 15, 2008 re: "Tight-belt leadership"

Examiner Reader said:
I am not saying Police don't have a dangerous job, nut come on these people took it willingly, knowing full well that it is not the highest paying job in the land, but why tell me in these tough economic times when other people in private and Gov't jobs, are having to do without an increase, schools are overcrowded, gas through the roof, food prices going up, taxes up, BGE raising 8%, my tax money I am paying should go toward something more important than giving 1000+ Police a raise.

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11:07 AM MST on Thu., May. 15, 2008 re: "Tight-belt leadership"

Examiner Reader said:
If the Writer of this would do his home work thet would know that the Baltimore County Police Department doesnot have take home cars for the rank and file police officers.

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10:52 AM MST on Thu., May. 15, 2008 re: "Tight-belt leadership"

Reader said:
I fully support a pay raise for police officers in Baltimore County. I live in Balto. Co. (Dundalk) and I can tell you that cops jobs are much more dangerous than they used to be. Dundalk now has a large criminal element that wasn't there in the past. As our demographics changed so did our criminal element. We are overwhelmed with Section 8, much of which is due to former city residents relocating to Baltimore County after the public housing was razed. No, I'm not a cop nor do I have family members that are cops, so this is not a personal thing. But I also see what the cops have to deal with these days. They are the ones putting their lives on the line for us and for that deserve a decent raise.

1 agree | 0 disagree
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10:44 AM MST on Thu., May. 15, 2008 re: "Tight-belt leadership"

Examiner Reader said:
It bothers me that the chief is quick to support the 4 million dollar increases for 1800 people instead of looking at what that 4 million could help to fund in his own department. The department has been increasingly falling behind in staffing the support units to the police department in particular the civilianized units. As an individual who should look at the whole department as opposed to just a small cog of the greater wheel he and the council should be making strides to remedy those problems first instead of funding yet another pay increase and benefit enhancements to the police. And those in the department may gripe but ultimatley when they are waiting months to clear a case because things are held up in another short staffed over worked unit they should appreciate the addition of more people. ONe need only ask any detective and they will tell you where that money should be going. Stop living in an ivory tower and get down to ground level to see how things really are working

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9:21 AM MST on Thu., May. 15, 2008 re: "Tight-belt leadership"

Reader said:
Start a committee and donations and fund your own school, you silver spoons are too stupid and cheap to realize what a fiscal year is let alone fiscal responsibility. Blame game or real solutions. Idiots. Anyone can be an activist. Teachers should know better, after all aren't they supposed to be the childrens role models? No one wants to look at a cheap teacher at teh head of a class. Who cares?

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6:18 AM MST on Thu., May. 15, 2008 re: "Leave a few behind to save our schools"

Examiner Reader said:
This is one of the best articiles that I have read describing the school systems in Maryland. But, alas the people who need to read this and realize that positive actions need to be taken will never see this.

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12:54 AM MST on Thu., May. 15, 2008 re: "Hypocrisy in Annapolis"

johnn said:
martin omalley is the worst govenor this state ever had,i thought it was glending,but omalley tops him THE WORST GOVENOR THE STATE HAS EVER KNOW

2 agree | 1 disagree
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10:51 PM MST on Tue., May. 13, 2008 re: "Iraq or the NFL"

Reader 2 said:
About the Army Football story, David Robinson was let out of a 3 year commitment after serving only 2 and served as a reservist for 4 years. BTW, that was during Gulf War 1 and he never went over there. Also, the assumption this guy makes is that all Military Academy grads go to War. That's factually incorrect. He will serve in the reserves as a recruiter and with the Army's massive recruiting problems he will have plenty of chances to help the effort on the home front.

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4:27 AM MST on Tue., May. 13, 2008 re: "Let sun shine on city contracts"

Examiner Reader said:
Gee, maybe if CON-A-WAY was mayor we wouldn't have this "little" probelm with IDA...we would have MANY more. Also, it is interesting to note that not only do we have Conaway in elected office, but also his wife, his son and his daughter! Wonder how they all got elected? Anyone wlese smell a rat?

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1:33 AM MST on Mon., May. 12, 2008 re: "Let sun shine on city contracts"

johnn said:
you know this kind of behavior was going on when omalley was mayor...just like the police department city hall is dumb,and fumble all the time,dixson is already being investigated,now this...so she is not mayor then why is she making all thease decisions?

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1:19 PM MST on Mon., May. 5, 2008 re: "Iraq or the NFL"

a thinker said:
David Robinson served his two years after graduation from the Naval Academy. He is an officer and a gentleman who lived up to the creed of duty and honor before going to play the games of boys.

3 agree | 2 disagree
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1:15 PM MST on Mon., May. 5, 2008 re: "Iraq or the NFL"

Examiner Reader said:
Um, hello, what about David Robinson and Napolean McCallum? Is it OK for the Navy to allow their star athletes to play professionally, but it's an unfair advantage if the Army allows it?

2 agree | 3 disagree
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1:09 PM MST on Mon., May. 5, 2008 re: "Iraq or the NFL"

Monroe Harden USMA 1984 said:
Your editorial has a serious factual error. The policy in question is an Army policy, not a West Point policy. Your criticism should be aimed at the Army's policy makers, not West Point's.

2 agree | 2 disagree
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10:47 PM MST on Thu., May. 1, 2008 re: "Bags against humanity"

Examiner Reader said:
You don't replace them with paper bags idiots you replace them with reusable cloth bags.

7 agree | 4 disagree
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7:19 PM MST on Thu., May. 1, 2008 re: "CASA does not deserve tax dollars"

Tim said:
Amen, cut them off immediately

6 agree | 4 disagree
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11:10 AM MST on Thu., May. 1, 2008 re: "Bags against humanity"

Examiner Reader said:
The lobbists for the paper products industry must be lining the pockets of James Kraft.

6 agree | 4 disagree
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11:47 AM MST on Wed., Apr. 30, 2008 re: "O�Malley�s slogan: Shop Delaware"

Examiner Reader said:
Well-said. Maybe O'Malley should fly his family back to the homeland again and ask the Dublin Chamber of Commerce for advice. As always, when it's Wonder Boy, you pay, we pay. He had a terrible record as mayor and has a worse one as gov (already).

7 agree | 5 disagree
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11:20 AM MST on Wed., Apr. 30, 2008 re: "O�Malley�s slogan: Shop Delaware"

Steven Lessner said:
This is an out of control illegal immigrant loving govenor who would rather give money and tax credits to CASA house than worry about citizens of the state. People are leaving this state in droves but let's increase taxes instead of cutting the budget. Let's watch the govenor give 80k raises to 5 of his best friends instead of cutting salaries.

4 agree | 4 disagree
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8:01 AM MST on Tue., Apr. 29, 2008 re: "Trim by example"

Examiner Reader said:
Keep in mind that Ulman spent money like he was shot out of a cannon last year, and is part of the reason he is now desperately trying to find things to cut.

8 agree | 4 disagree
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6:21 AM MST on Tue., Apr. 29, 2008 re: "Thugs must not rule"

Frank from Parkville said:
Dr. Alonso - a blow-hard with not enough "intestinal fortitude to back up his pathetically transparent threats. Mayor Dixon - pathetic leader. When your leadership is as ineffective as the two I have listed above, what can you expect from the teachers and students under them? The fish stinks from the head...

8 agree | 4 disagree
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6:56 PM MST on Mon., Apr. 28, 2008 re: "Thugs must not rule"

Examiner Reader said:
Well, I think they all belong in jail.

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2:48 PM MST on Mon., Apr. 28, 2008 re: "Thugs must not rule"

Fred said:
My concern is that expelling these students will put them on the street where they can exhibit their behavior. There needs to be a school with the look and feel of a prison where the students will be sent from 7 am to 5 pm. If they do not attend then their parents can go to jail. Drastic measures for sure but what has been done and how we have allowed students to behave in the past 30 years has gotten us nowhere. My public school would have tolerated it neither would my parent's or grandparent's schools. My question to those that would oppose this, where the previous generations so bad?

4 agree | 4 disagree
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2:01 PM MST on Mon., Apr. 28, 2008 re: "Thugs must not rule"

HMichaelH said:
Baltimore is a lost city, anyway. Get the humans out of it, and then build a fence around it to keep the animals in and away from all of us!

6 agree | 4 disagree
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11:18 AM MST on Mon., Apr. 28, 2008 re: "Thugs must not rule"

Examiner Reader said:
right on target. attacks on teachers should be reported directly to police. and if principals object, they shouldn't be principals in baltimore schools.

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11:06 AM MST on Mon., Apr. 28, 2008 re: "Thugs must not rule"

Examiner Reader said:
I was so glad to read your article. It was right on target. What is wrong with this board of education, and the city government, who are still investigating. Thank you Examiner.

4 agree | 4 disagree
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7:51 AM MST on Mon., Apr. 28, 2008 re: "Thugs must not rule"

Examiner Reader said:
Charge the perpetrators as adults and charge the parents of the perpetrators for rearing garbage. If charges don't work, withold the foodstamps and the other handout benefits.

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1:22 AM MST on Mon., Apr. 28, 2008 re: "Thugs must not rule"

johnn said:
and they dixon is not going to do anything now,shes waitng for school to get out so the heat will be of her hind parts,and she can say next year we will solve this problem

4 agree | 5 disagree
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6:22 AM MST on Sat., Apr. 26, 2008 re: "CASA does not deserve tax dollars"

Kim and the gang said:
Now that Va. is scaring all the illegals to Maryland, we will need double the money. You bet we will get it from our buddies in the statehouse! Thanks, Casa De Maryland.

6 agree | 4 disagree
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3:18 PM MST on Thu., Apr. 24, 2008 re: "Grave digging"

Reader said:
I have an idea, condemn all broken down, slum landlord housing projects and mpove to a state where you can afford proper housing.

3 agree | 4 disagree
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2:32 PM MST on Thu., Apr. 24, 2008 re: "Grave digging"

Examiner Reader said:
Who cares about the citizens, the honest ones will keep paying... What city government needs to do is consolidate and stop services already provided by the state. Turning the schools over to the state would be a good start.

4 agree | 5 disagree
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9:17 AM MST on Wed., Apr. 23, 2008 re: "Schools must air violence"

Examiner Reader said:
The assumption is that by posting incidents on a site to inform parents of violence is that the parents care. Most of the problem children in Baltimore schools have parents that don't care or don't exist. With the drug trade (drugs will exist as long as there is a demand) and daily death, this "children" (16yr old in 5th grade) have no fear what so ever of death. Do you think they care about detention... expulsion...failing grades.. who are you kiding? We now spend so much to try and "save" those who could care less. I wonder if trying to "fix" the situation is a mistake. No government or money can fix "the broken homes". Maybe we should try and accelerate the violence. Maybe then it will burn out or the black community will decide to heal itself. No politician will admit it, but nothing they have tried or suggested has worked, only exacerbated. Time to "cull the herd" and remove those who do not want to be part of civilized society.

7 agree | 5 disagree
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2:30 PM MST on Tue., Apr. 22, 2008 re: "Do what I say, not what I do"

Examiner Reader said:
the only thing you can count on from a politician is murder,theft, arrogance and hippocrisy.

5 agree | 6 disagree
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4:23 PM MST on Wed., Apr. 16, 2008 re: "Baltimore County teachers union dishes out empty complaints"

Examiner Reader said:
Are you really that daft to think that teachers don't deserve a better salary? You can write thanks to a teacher!

10 agree | 8 disagree
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11:19 AM MST on Mon., Apr. 14, 2008 re: "Naval Academy in need of independent probe"

Examiner Reader said:
I have to comment of the editorial "Naval Academy in need of independent probe". All of the officers listed as abusing power are not Naval Academy grads. Also, the Academy has a much, much lower sexual assault rate than any civilian school, except maybe BYU. Be careful how you label the institution that protects your paper's right to publish. We do the best we can with little resources and even less help from the public. Yes, the Academy is its own little world but we have more oversight than any other service academy. In my opinion this place is not perfect but it is a far cry better than it has been in the past and the civilian colleges in this area. It easy to lampoon the military because of our higher moral standards, but you must remember we are all human and humans make mistakes. Please remember this the next time you write an editorial. Very respectfully, W.T. Door MIDN USN

12 agree | 8 disagree
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11:20 AM MST on Sun., Apr. 13, 2008 re: "�Pork� projects swell Maryland's budget"

Examiner Reader said:
The power elite want to remain that way - Pork buys votes. Pre-election promises to get votes are easy to make, but seems there is never a follow through. So, once in office, these so called civil servants - I like to refer to them as "self servants" - do whatever it takes to keep the people who put them office happy. I personally think that earmarks should not be allowed to be attached to any legislation. These ego centrics rob the majority of us taxpayers for a select few. These same people supposedly have an obligation to protect the public trust and do what is right for everyone - but, seems that 'everyone' turns out to be the self servant.

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3:45 PM MST on Fri., Apr. 11, 2008 re: "�Pork� projects swell Maryland's budget"

Examiner Reader said:
While I, too, believe they are all worthy causes, isn't that what fundraising, applying for grants and foundation money is for? These projects are not economic development related. It's not prudent; government is supposed to represent what is best for all citizens - not a select few.

9 agree | 9 disagree
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5:49 AM MST on Fri., Apr. 11, 2008 re: "�Pork� projects swell Maryland's budget"

Bill Milner said:
After looking at this list, I hope I never hear the phrase "Separation of Church and State" again.

10 agree | 9 disagree
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2:56 PM MST on Thu., Apr. 10, 2008 re: "�Pork� projects swell Maryland's budget"

Examiner Reader said:
Thanks, E ! This is the only REAL paper in Baltimore.

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2:04 PM MST on Thu., Apr. 10, 2008 re: "CASA does not deserve tax dollars"

Examiner Reader said:
Hear, Hear!

12 agree | 9 disagree
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1:43 PM MST on Thu., Apr. 10, 2008 re: "CASA does not deserve tax dollars"

Examiner Reader said:
I don't want my tax dollars going towards illegals

10 agree | 9 disagree
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1:41 PM MST on Thu., Apr. 10, 2008 re: "Evil millionaires latest tax casualty"

Examiner Reader said:
wawawa..trade your million dollars and tax bracket for my 50,000 a year.

9 agree | 9 disagree
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1:04 PM MST on Thu., Apr. 10, 2008 re: "CASA does not deserve tax dollars"

Examiner Reader said:
I want to express my thanks and appreciation to The Examiner for providing us with the information contained in its article entitled "'Pork' Projects Swell Maryland's Budget." As a subscriber to The Sun and an on-line reader of the Washington Post, such important and pertinent information is never provided to the taxpayers by those papers. It is too bad that the average Maryland voter is so ignorant that (a) they won't bother to read and study the information you provide; and (b) because of their ignorance, they will continue to vote for the same derelicts in the next election. Pe