Tuesday, May 20, 2008

Above the law?

UPDATE: 2:30 PM Now my sources are telling me that they switched back their Homestead to Amherst after this matter became public last week. Hmmm...But they still have to explain the matter of the mortgage with Florence Savings Bank that clearly states they will reside in the home in South Hadley by June 10. Or maybe the will remortgage by then.

Request to remove Amherst Town Official for residency violation
To: ago@state.ma.us

Massachusetts Attorney General Martha Coakley
One Ashburton Place
Boston, MA 02108
May 20, 2008

Dear Attorney General Coakley,

According to the Amherst Town Government Act,
“A town meeting member ex officio or elected town meeting member who removes from the town shall cease to be a town meeting member.”

On April 10’Th, after winning election to Amherst Town Meeting on April 1’st, Robie Hubley signed a Declaration of Homestead on a house located at 4 Jewett Lane, South Hadley.

The notarized legal document clearly states: “I own and am possessed and occupy said premises as a residence and homestead under Massachusetts General Laws, Chapter 188.”

According to the Secretary of State’s office: “A Homestead can be declared only on an applicant’s ‘principal residence’. A person can have more than one residence but the statute only allows the protection on one’s legal domicile.”

On Monday, May 12 a Town Meeting member made a “point of order” over this residency issue and after a very brief discussion Moderator Harrison Gregg squelched debate with the terse statement “That’s all we’ll deal with that at this meeting.”

Last night (May 19’th) Mr. Hubley again attended Amherst Town Meeting, sat in the member’s section and participated in a Tally Vote on a Warrant Article.

Please consider this a formal application for the Office of the Attorney General to initiate a ‘quo warranto procedure’ to remove Mr. Hubley from Amherst public office due to this residency violation.

Amherst voters in Precinct Nine have been and continue to be deprived of a representative who resides in their own District, one who shares the same experiences and possess a vested interest in that neighborhood.

The public interest requires a prompt resolution of this matter.

Sincerely Yours,

Larry Kelley
460 West St
Amherst, Ma 01002
Amherst Town Meeting Precinct 5
Amherst Redevelopment Authority


dominique said...

As of 4;35 pm today, May 20th, there is no change in the declaration of homestead on file in the Registry of Deeds.

LarryK4 said...

Yeah, I'm getting multiple reports from savvy folks like yourself verifying that (not to mention my own trip to masslandrecordscom just now).

So maybe I misunderstood my reliable media source, but I could swear they stated a reporter contacted them late last week about the Homestead "issue" and they blew him off saying it had been switched back.

Getting weirder and weirder...

LarryK4 said...

Even if they did switch it back this morning, they still have to explain the legal mortgage document they signed with Florence Savings Bank saying the abode in South Hadley would be their one true love of a home for the next ten years.

Thus, they are lying to the voters of Amherst OR they are lying to Florence Savings Bank.

And as far as I'm concerned, either of those makes them unfit for public office.

Xenos said...

IMHO, this is not such a big deal criminal-wise. It is a matter that is rarely, if ever, prosecuted unless there is a big fraudulent scheme, and the tough language is there to give the bank cover in case the bank wants to declare a default.

Awad and Hubley may have a malpractice suit against their lawyer for letting them sign these docs, though. If, like some people, they let the bank's lawyer close the deal, they have revealed themselves to be fools.