Friday, November 6, 2009

State Supreme Court Accepts Case

We received word from the two neighbors still involved in fighting the Planning Board and the way the matter has been handled over the proposed condominium development on Franklin Mountain, that the State Supreme Court has accepted their case before them. They were notified by mail in a letter today, from the Clerk of Court, that case No. 2009-0713 has been accepted. We'll post further information as it becomes available from them.

Looks like the town will be spending a lot more of our tax dollars in the near future.

19 comments:

fed up said...

If that's what it takes to wake up the voters and breakup the good ole boy club, it may be worth the cost.

Anonymous said...

As busy and as overwhelmed as this court is, this would prove beyond a doubt that these people have a legitimate cause of action and that the court agrees that something is terribly amiss in all this, otherwise they would have thrown out their complaint.

Anonymous said...

It's good to hear that the Supreme Court will hear this case, it's unfortunate for us that it had to come to this. I hope the people in Town Hall are all proud of themselves.

Anonymous said...

Can't wait to hear the latest explanation from the town hall on this. Will it be just more of the same or will they finally admit that they have really stepped in it this time?

reading and watching and reading some more said...

Where's that Sentinel reporter Sarah Pelarmo. How come she isn't writing a story about this in the paper, guess she's having a good heaping of crow this morning sitting there reading this blog. All of her stories about this Van Dyke affair and the planning board have been so slanted towards the town and her so-called facts have been so skewered she hasn't been very fair with these people or honest in her reporting. Now she has another chance to get things right, report the facts and raise awareness that there still some people willing to take a stand and fight for their rights. What do you say Sarah, up for the challenge to do the real story?

Anonymous said...

If nothing else, this is a very good example for all of our children. No matter the odds against you, take pride in yourself and stand up for your rights if you are wronged. It is a real shame on our town that it's citizen's must file lawsuits and seek justice through the court system because our elected officials have no sense of responsibility and refuse to act when people are wronged. I truly hope these two men and their families prevail, it would be a good lesson for all of us.

Anonymous said...

Just how much does the town figure it can continue spending on this matter. It is obvious if the Supreme Court is now going to be involved that there has been some type of unlawful activity by the planning board and Margaret Sharra in particular, it's time to cut your losses and settle with these two guys, common sense dictates that.

Anonymous said...

Dear Reading & Watching...

Did you read Sarah's latest article in today's Sentinel (11/10)? Talk about never getting the facts straight. It might have helped her story if she read what the Supreme Court appeal said.

I am still scratching my head on the statement, "...The petition was heard again last month and the board voted a second time to deny reconsidering approving the plan..."

First of all Sarah - the Board voted to NOT hear Mr. Towne's appeal. They felt that his postponing it once because he was scheduled for surgery and then again because he was recovering from surgery was not sufficient reason to wait. They denied Judge Tucker's ruling that they should rehear his appeal.

As Mr. Keenan so eloquently stated - all of Ms. Sharra's conversations with Town Attorney, Bart Mayer should be done via email so that ALL board members can be privy to his advise, etc. And not receive Ms. Sharra's version of her conversations with "OUR" attorney.

reading and watching and reading some more said...

My Lord yes, I saw the latest ramblings of this woman in tonights's paper. How she can continue to keep getting her facts wrong is beyond me; but then again it could just be her getting told the wrong things by people who want to make it all look like Mr. Towne and his neighbors are at fault for the entire mess and not where the blame really lies.

I am sure once this mess gets back in front of the judge, the proverbial excrement will hit the fan and the board and it's very biased chairwoman will get what they deserve. I just hope in my heart of hearts that the rest of the people in town remember what these poor men have been put through and vote to make our town a better place for all of us.

Anonymous said...

Interesting...If I was constantly getting my story screwed up because I was listening to fools thus making me look like a fool, I would be seeking out those who could bring forth a version that closely matched the facts. But that is probably why Sarah Palermo is a reporter for the Keene Sentinel and not the Boston Globe or New York Times.
All correspondence between the towns attorney and anyone in the town should be through written correspondence, either email or 1st class mail to insure accuracy and transparency.

Bob Davis said...

One of the biggest problem with the American legal system of law is the lawyers and judges way-in on the side of the established institutions over the pompous asses who are just up happy with status quo. Most news papers like the Keene Sentinel are as bias as the legal system. That is why we do not see investigative reporting anymore. In return news paper circulation is down and the news papers are loosing money. Just once would I like to see the establishment take the side of poor shmucks who are just trying to improve their quality of life and enjoy the privacy of their homes.. If the Van Dyke project was done fair and above board no one would be able to bitch.

bi·as [b əss] 1. preference: an unfair preference for or dislike of something
a bias in favor of status quo.

Anonymous said...

Word downtown has it that this suit will get thrown out and that it's nothing but a frivolous attempt by a couple of unhappy discontented abutters to get someone to listen to them. According to the town, they won this lawsuit in superior court.
However; people I have spoken with in the courthouse are amazed that two citizens on their own have been able to get the state supreme court to accept their suit against the town without even having an attorney. Sounds to me like the town has something to really worry about and has wronged these men and that the court agrees.

Anonymous said...

The word downtown isn't too reliable as can be shown in these many blogs.

Anonymous said...

Sounds like they are trying to divert attention again. If the Supreme court is interested it must be because they saw some legitimate reason to hear the case. To even hear that those in the town hall believe the case will be thrown out before it's heard is rather presumptuous. What do they do go in and say no need to waste anymore time or money, we have everything under control, follow the laws of the state, town and us, you can trust us on that and besides we won in Superior Court? If these people had a collective brain cell they would stop and think before they speak.

Anonymous said...

what else would expect from people who have gotten away with so much for so long and are so full of themselves? now that things have been forced out into the open they can't hide behind closed sessions and closed doors like they have before and are trying to convince us all, that they are the ones being wronged. good luck to that, anyone can see who's at fault here.

Anonymous said...

From what I have read on this blog and from documents I have seen, it doesn't seem that anything being said from those involved downtown can be substantiated. This is clearly an abuse of power allowed to go on unfettered by a board so indifferent to the needs and wants of the citizens of Winchester that it borders on the criminal. Shame on those that allow this fiasco to continue, we voters will remember your non-actions and your lame excuses.

The truth will prevail! said...

As I see it.....When people are over whelmed by the truth with substantiate facts, when the guilty people’s lies and deception start to be questioned, their “wall of deception” starts to crumble. The guilty can only resort to character assassinations! Drawing the attention away for themselves. Like we can have a better town if it weren’t for this damn web site and the problems they’re causing.

Anonymous said...

This blog did not create the problems we have today in Winchester, it brings to light the many issues that the town is facing today and educates those of us who are interested in making Winchester a town we can all be proud of. It informs us of those elected officials who care only about themselves, their image and their friends and who should be replaced if we are going to solve the problems that plague our town. It has provided a sounding board, for people to discuss these issues and voice their opinions and given both sides an equal opportunity to speak. It has provided us facts and documentation and has been a real learning experience for many of us. To blame the people who had the guts and fortitude to take a stand on the issues and come forward and speak for the people in town shows just how much is wrong with our town today and how much in denial some really are. We need to rally around these fine people and this blog and show our support for people like Mr. Towne and Mr. Homan and all of the others who have been wronged and do whatever it takes to make sure this does not happen to anyone again. It is time for all of to search our souls and ask ourselves if this is the way we want to be perceived in the eyes of our neighbors in neighboring towns or do we take a stand and vote out those who are the problem makers and self centered officials who support them in an attempt to cover up the truth? I too am very grateful for this blog and the few who bring this information forward.

Support Mr. Town and Mr. Homan said...

Though it may cost us a few dollars in tax money now, it may and hopefully will save us all a larger sum in the future once these people who have wronged you and others are gone. Good luck to you Mr. Town and Mr. Homan, we need more people like you to stand up for justice.