Thursday, May 3, 2012

Judge agrees: No it is!

M.N. Spear Library, Shutesbury

After hearing two hours of testimony on Monday, April 23 from both sides of the contentious Shutesbury Library Override debate , Judge Mary-Lou Rup decided in favor of the two challenged no votes but threw out two yes votes thus changing the original January 10 tie vote to 522-520, meaning the $3.5 million renovation Override failure is upheld.

"Friends of the Library" filed suit to have two "No" votes voided, those of Richard and Joan Paczkowski, who winter in Florida but spend nine months annually in Shutesbury in a home they have owned there for thirty five years.

Attorney Alan Seewald represented the NO side, and he argued that if the Paczkowski's votes are ruled out then the judge should also throw out Jessica Buck (wife of Chris Buck, who already had his vote ruled out by the Board of Registrars on January 25 because he signed a legal document in Kentucky a month before the Shutesbury vote giving up his right to vote anywhere else) and attorney Michael Pill's grown children Shoshana Holzberg-Pill  and Jacob Holzberg-Pill who live and reside in New York and California respectively.

The Judge's decision to uphold Richard and Joan Paczkowski's right to vote in their hometown combined with agreeing with Attorney Seewald's argument for nixing the yes votes of Shoshana Holzberg-Pill  and Jacob Holzberg-Pill brings the final vote tally to 522-520.

10 comments:

Anonymous said...

Is it really over or can they file anything else?

LarryK said...

Good question. Hard to say. The election on Saturday will perhaps answer it.

Anonymous said...

If they have Michael Pill on their side it could go on for years

Anonymous said...

There is no deed, work or token that can adequately express our Shutesbury gratitude to Larry Kelley. His honestly informative and insightful coverage of our Shutesbury contoversy has given us a voice routinely denied us by the Gazette.

Anonymous said...

Totally agree with anon 4:24,Thanks Larry

Anonymous said...

I agree also...hats off to Larry. Thank you!

LarryK said...

You're welcome.

And the truth shall set you free!

Anonymous said...

It is an unseemly controversy. How can you not want a library that's decent for your children??

LarryK said...

Can be a big difference between what you "want" and what you can "afford". At least for some people.

Anonymous said...

Well said Larry, we do want a library for our children. We do want them to learn and grow, but the town cannot afford it. I have a 5 year old, he loves our little library, but he also loves our surrouding communities library, Wendell, New Salem, Amherst. My budget says if I can't afford it, I don't buy it, I don't ask my boss for a raise because I want something. But Shutesbury, they did!! Let's build a library we can afford once all contaminated soil is cleaned up under the fire station and at the purposed new library site!!