Wednesday, July 20, 2011

zoning board lawyer tricks

Well, I'm back blogging. My plan was to lay low until I get into Federal Court and keep 'em guessing but sunshine is just to valuable to hoard... the rainy day is every day. And we have a public comments hearing to plan for, so I can't really lie low.

That was quick! I'm back blogging and didn't get to take as much time off from this as I would have liked. Thanks for sticking with me and the blog and coming back.

Here we go again with more breaking news from the weirdest town in America, the world capital of tortured logic. Be sure to listen to the audio clips with this entry.

Look below for the heading "audio files."

To review, the town ordered me to close my business and throw my employees out of work and impoverish my family, destroy my investments, with no evidence and no hearing in August 2010. This attempt to confiscate my property might remind you of Communists after a revolution.

I tried to appeal and was denied. This denial was unAmerican and wrong, morally and legally. After months of torturous work, my appeal went before the zoning board. The zoning board did not have a quorum and the lawyer took the power of the board without authorization to expand the scope of my appeal.

I offered to settle the dispute and ended up before the planning board as part of bad faith negotiations. After months of pointless hearings, David R. Everett rejected the terms of the settlement because they were not based on science. He then refused to accept the results that were based on science, which proved what I had been saying all along, the charge of loud barking defies the laws of physics since sound, light and gravity all decay at the inverse of distance due to the formula for the surface area of a sphere, with the radius squared and all that, cutting science circa 100 AD.

David R. Everett makes a lot of money but doesn't do algebra. He was hired illegally following an executive session of the town board held in February. This clearly illegal session did not authorize his appointment and does not mention zoning. 

On March 10 with Valerie Bertram and David Everett spent public money in the form of a contract based on an executive session, in clear definance of New York State public officers law.

This illegal action remains a blatant violation of the law despite the re-affrimation of this illegal action at the town board meeting in July 2011.

Thus, Mr. Everett has no standing to represent the town on the zoning board of appeals or any other board.


Here is the issue of the illegal special prosecutor that comes out of this same executive session. Here is a post about some of the obvious mistakes in law and strategy that Dave David Everett has made in this process.

Despite the unanswered questions about misconduct involving the misappropriation of public money to Mr. Everett, he appeared tonight to hear my appeal, or rather distort my appeal. That's what he gets the big bucks for.

David R. Everett has no business working on this case. He is not concerned with the public interest, as the audio below demonstrate. He is wrong on the law in many cases and has no viable strategy to end this. Why should he, getting $450 an hour from the taxpayer with no oversight? He'd do well if it went on forever.

He started the meeting last night by passing out one of his secret letters.

AUDIO FILES: listen to these

Here I am talking about what the zoning board of appeals is and should be. I ask David Dave Everett.

Here I am talking about why the sound from my facility is both unmeasurably low and audible. Good discussion.

Here I am talking about the only relevant law. What is an unusual noise anyway?

Here is a good question, ignored. Public interest?

Well, they didn't just hear the evidence and vote. Instead, David R. Everett, the biggest and most expensive law firm (attorneys and lawyers) in Albany with offices in Plattsburgh gets a list together of all the things they think I might have done wrong.

You were falsely accused. You appealed. The original charge was clearly false. But we'll find another offense since that first one didn't pan out.

That's an appeal?

Dave Everett is so interested in clocking his illegal $450 an hour that he doesn't even know what the public interest is, let alone law. This process clearly violates the constitution.

In this clip, we have two issues arise. First of all, this is so crazy Kafka-esque that it's hard to believe, whether or not my house and barn are on the same lot. If they are not on the same lot, then I don't qualify as a home occupation.

Stay with me... it's a bit complicated... and very bizarre.

I divided my house and barn onto two lots at the same time by permit to operate my dog business was approved. But when I submitted an application to put my house and barn back on the same lot, my application was denied by the town.

So David R. Everett proposes to close my business and throw my children to the wolves because my house and barn are on separate lots when the town subdivided the lots in the first place, knowing full well that I had a business in the barn, and then refused to put them back together when I tried to put them back together.

Get it? The town's lawyer signed off on splitting the lots. Then the town's lawyer said they can't be split. So I tried to put them back together and the town said no.

Therefore I am in violation of the ordinance.

Here is zoning enforcement officer / building code enforcer Gerry Gerald Ennis of the town of Stuyvesant arguing that because I spent $5,000 to mitigate noise while arguing that there is no noise problem, I have shown that there is a noise problem.

He threatened to close my business on the basis of a false charge propped up by solicited manufactured complaints. So I agreed to do work I didn't think was necessary at the time. And this is all he has for proof of wrong doing?

Next, Gerry says I could have gone to court but chose to appeal to the ZBA. I'm not sure what he means but I cannot file an article 78 in state court until I have exhausted my remedies locally. Did he mean town court? Did he think I was supposed to show up in town court to contest his notice of violation without a court appearance ticket? Gerry is making up laws here and saying stuff that isn't true and doesn't make sense.

Poor, poor, Gerry Ennis, public official, poor, poor Gerry Ennis, what woe! what injustice! how unfair to poor, poor, sweet Gerry Ennis. But you can hear him whine for himself.

So I didn't get my day in court. I appealed. My appeal was turned into a witch hunt.

The public comments will be on Tuesday, August 9 at 7 PM in the Stuyvsant Town Hall.

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