Showing posts with label david everett. Show all posts
Showing posts with label david everett. Show all posts

Saturday, October 29, 2011

"unscrupulous attorneys" of Whiteman Osterman & Hanna

Di Febbo also told the judge he was disgusted that investors' money had been used to pay what he characterized as "unscrupulous attorneys" as he referenced attorney Leslie Apple of Albany, who had done work for Bass, and an attorney Di Febbo identified as Jacob S. Frenkel of Maryland.

Apple, of Whiteman Osterman & Hanna, allegedly traveled to Europe to check out Bass' investment projects, records show. Apple did not respond to requests for comment. Some investors have said they were comforted by Apple's involvement with Bass, who had told them their investments had been vetted by lawyers. Frenkel could not be reached for comment.

 Read more: http://www.timesunion.com/local/article/High-living-con-man-invoked-God-stole-5-3-2239235.php#ixzz1c9stSTte

Tuesday, September 20, 2011

Hearing 15 next week

Hello,

Next week we will have our 15th hearing in Stuyvesant Town Hall. This should really be the last one here in town. No matter what happens, this battle moves to state (and/or federal court) or stops.

Tuesday, September 27
 7 PM Stuyvesant Town Hall
5 Sunset Drive
Stuyvesant, NY 12173 

Outline of case here.

Thanks for coming out again and again to all the people who have. I think it makes a big difference to have people there in the room, to our family. You coming also makes a difference to the idea of the rule of law, importance of constitutional protection for all. That's why we're asking folks to come out one more time. (Federal Court might be the next time, but who know when or if that will happen.)

Crooked, absurd, and wacky in one place, a hearing in Stuyvesant, all for the reasonable price of zippo. Dog shirts on, if you'd like, like this.

Glencadia Dog Camp is a small family business offering country vacations for New York City dogs in an agricultural district of Columbia County New York, operating since 2005, with a unanimous permit from the town planning board and no trouble or complaint until weeks after the 2009 election.

For almost two years, town of Stuyvesant has been looking for ways to close the business and/or lock up the owner, me, Will Pflaum. The town has thrown everything they have at me: criminal court, zoning, planning, and hired the biggest law firm in Albany, spending well over $70,000 to find a way to close the business.

 Why?

Dog barking bothering the neighbors? Nope. The charge of loud (or even sometimes audible) barking has been shown to be impossible in a study verified by the editor of the leading peer reviewed acoustics journal in the world and a whole posse of PhD scientists. Or, if you don't believe them, you can just look at the place. We're more than 1000 feet from any neighbors of the road. That can't be the problem. This charge is pure voodoo.

Too many jobs for zoning rules? No, contractors are not covered by the zoning rules. A technical issue, that the house and barn were on separate lots due to a planning board mistake? I fixed that at the county clerk. Fence not a structure? No, just read the zoning rules. Neighbors complaining? Nope: we submitted 47 letters of support and 100s of pro-dog petitions on signatures including from all the nearby neighbors and farmers who work the field around the dog camp.

The zoning officer for the town complains a lot, but mostly about my blog, reporting on criminal activity by his friends and himself. That is, he complains when he is not stalking my house at 5:30 in the morning or the middle of the night.

All the charges against me are trivial, impossible, false or just plain stupid, pursued at such great expense and involving the town board, planning board, zoning board, criminal court, zoning officer, and a big law firm all working together to reduce the county and town tax rolls and increase unemployment. There is no public interest in this matter. It's a witch-hunt. Imaginary charges, imaginary evidence and imaginary laws.

Why? After 15 hearings and $70,000 (on the town side: I spent more) if I did something wrong, it should fairly obvious what I did. So, what am I accused of? Anyone know? I don't.

The town is in open and clear violation of public officers law, hiring Whiteman Osterman and Hanna in an illegal executive session. Yet, I have to answer charge after charge, all false and malicious. In fact, officers in the town government are guilty of fraud, embezzlement, obstruction of justice, perjury and other crimes. I wrote all that up on my blog.

 Serious charged. Prove it? I would love to. Call the DA and tell her no one is above the law and she should give me appointment to hear me out, even if the accusations are against her friends and associates.

Do you think my reporting on the criminal activity of the town may be related to the absurdity of this process? That's what I will be arguing in Federal Court: my efforts to bring accountability in government provoked the corrupt town of Stuyvesant to lock arms and try to repress my rights to free speech, due process, equal protection, and confiscate my property.

And it didn't work.

The town of Stuyvesant is lawless. Don't take my word for it. Come to the hearing and see for yourself.

Stop corruption.

 Thanks, Will Pflaum

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.

OTHER LINKS ABOUT DAVID EVERETT

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.