Friday, June 29, 2012
Shutesbury Smack Down
The Appeals Court, as expected, did not overturn Superior Court Judge Mary-Lou Rup's decision and they did not even bother to rule on the votes of Shoshana Holzberg-Pill and her brother Jacob Holzberg-Pill (thrown out by Judge Rup) because upholding the voting rights of Richard and Joan Paczkowski made the matter of the Pills votes moot.
The Shutesbury Board of Registrars had allowed all four contested votes (Pills and Paczkowkis) to count but threw out the vote of Christopher Buck (originally allowed by the Town Clerk) bringing the vote total to a 522-522 tie, measure fails.
A pro library contingent of ten voters appealed the decision of the Board of Registrars tying to get the "no" votes of the Paczkowskis thrown out, but instead Superior Court Judge Mary-Lou Rup upheld their votes and went even further, throwing out the Pill "yes" votes.
Thus with this Appeals Court ruling today, the new Shutesbury library $1.4 million override vote now-and-forever stands at 522-520, ballot question fails.
And because the deadline to accept a state grant of $2.1 million--requiring the $1.4 million in town matching funds--expires June 30, the issue that refused to die is now dead, buried with a big ol' building sited squarely on top (just not a new library).