Monday, June 13, 2011

When all else fails, lawyer up

Click on Lawsuit for entire document

If a judge can throw out an arrest where perps are busted red handed with guns, drugs and a bootleg cable/Internet connection because the search warrant had the wrong house color or some such nonsense, then I suppose the NIMBY lawsuit filed against the town (and threatened against BlueWave Capital) to prevent a solar farm from sprouting on the old dump by citing a technicality, stands a chance...like snow in the Sahara.

The state is now on a crusade to encourage public/private renewable energy projects, and solar farms on old landfills is a shining example. The disputed deed restriction (or lack thereof) was/is between the town and the Department of Environmental Protection.

According to Boston based attorney John Wadsworth, who specializes in Environmental, Energy and Natural Resources law: "If there is any violation it is a violation of DEP solid waste regulations for not recording the restriction, not something that prevents DEP from revising the restriction for this use."

If DEP had any concerns, then why did they grant the permit last year for the Final Comprehensive Site Assessment?

Since the eight households have a combined assessed value of around $4 million, safe to say they can afford the litigation co-op entry fee (when Mary Streeter tried to rally NIMBYs on Larkspur Drive to legally battle the decision to allow Dr. Kate Atkinson to build a medical office in the Research Park out that way the entry fee would have been $2,000 each).

But the $8,000 to $10,000 cost to squash this nuisance lawsuit will be spread out over 10,000 housing units who will benefit many times over by the $1 million per year net gain in economic benefit to the town. A bright future indeed.

18 comments:

Ed said...

Larry -- back to charter schools, did you see this:
http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20110612/OPINION/106120308/-1/NEWS

Anonymous said...

Ed:

Can't you keep on topic? Post the link in the charter school article Larry posted on this blog.

Anonymous said...

Larry - Could you please block Ed? He is spamming and flaming your blog. Elsewhere he argues only to garner attention and send nasty and belittling remarks. This type of behavior should not be tolerated.

Anonymous said...

When all else fails, like the town honoring the agreements it has made...

Ponzitown parasites said...

They suck the place dry then bite the dry tit.



Priceless.

Anonymous said...

It is terrible when people use the legal system to assert their rights and try to force their government to live up to its committments. Someone get me a plane ticket to Syria.

LarryK4 said...

Probably cheaper than your share of the lawsuit.

Anonymous said...

Anyone reading this complaint will have serious questions about the credibility of the town and several of its town employees. If the town employees didn't do what they said they would do then, why would anyone believe what they say now?

If these allegations are true, it's pretty embarrassing and plain wrong. The issues raised in the suit need to be addressed now and not just in a courtroom.

Town resident not living miles near the landfill.

LarryK4 said...

The landfill cap agreement was signed over 20 years ago. No employees involved with it are still around.

Anonymous said...

Larry, you've obviously bought the town's and BlueWave Capital's line that savings will be $30MM over 30 years. However, the benefit to the town that you describe as "$1,000,000/year" should actually be expressed as "$0 to $1,000,000/year."

If you read the several other (unsuccessful) bids, you'll find that all but BlueWave's predict a range of $2MM to as high as $6MM over 30 years. Except for the one bid that frankly asserted it would not be possible to generate any savings at all. All bids envision generally the same power generation output (4-5 megawatt), and BWC's bid proposes the same basic technology as the rest do. Yet the BWC bid imagines 5x the benefit to the town.

Imagines.

Larry, you didn't used to be so gullible!

Anonymous said...

"Mr. Wadsworth’s practice combines environmental and energy experience. He represents developers and financers of large projects in connection with permitting, regulatory and environmental risk allocation issues and represents energy companies in connection with acquisitions, permitting, regulatory approvals, and development work."

So ... You quote an attorney who represents developers and financiers saying he doesn't think the restriction is an obstacle. Gutsy call.

LarryK4 said...

And tonight the Town Manager reported to the Select Board that he was continuing to negotiate with BlueWave on price, protections, etc and he has engaged special counsel both legal and financial.

Gutsy call indeed.

Ed said...

In fairness, not that I have any use for the rich self-centered schmucks who bought houses right next to a landfill and now want those houses to be worth more than they paid for them, but if the town really really did make a promise as to what it was going to do with some land, it really ought to honor it.

The concept of being "honorable" is that your word -- and your promises, if clearly made and intended toward meaning -- mean something including your intent to honor them...

If Amherst really made that promise and it wasn't just pro-forma -- and facts matter -- then as much as I hate to say this, Amherst ought to honor it....

Ed

Whom some would like to silence....

LarryK4 said...

The property under Mr. Cherewatti's house on North East Street was placed in Agricultural Preservation Restriction both legally and as a "promise" to the neighbors and state.

Then it was taken out of APR.

Anonymous said...

Eff the Grasshopper Sparrow.

Adapt or Die.

Anonymous said...

Ed has become the Prince of Darkness who has driven Larry into the light.

Ed said...

Isn't that what they called Bob Novak?

Anonymous said...

OMG - now Ed is equating himself with Robert Novack?????

Robert Novack you ain't Ed.