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Stuyvesant votes for counsel for dog barking

Jul 17, 2011 12:57 pm
Will Pflaum posts the audio file of the Town of Stuyvesant appointing a special counsel against his Glencadia Dog Camp boarding business, which a few neighbors claim makes too much noise, on his own blog, Hudson Sunshine. David Everett, a partner from Whiteman Osterman and Hanna, LLP, is now the lead attorney. Pflaum's version of how a town could appoint a lawyer just to fight one local business:
So here they are appointing a firm after the firm has already handled three planning board meetings, one appearance as special prosecutor, one appearance before the zoning board? Shouldn't you approve the special counsel first, then have the special counsel write tortured secret memos explaining to the zoning board of appeals that they may not be a zoning board of appeals? The tortured secret memo already exists. Shouldn't you approve the special prosecutor to pursue a charge he knows is false without approval of a judge before he actually writes motions? The case is already dismissed. No, the town would say, we did approve the special counsel first in an executive session. No, I say, you didn't. All you did, and it was illegal, was start the process of looking for a lawyer, not hiring one. And only for Planning. Okay, town, why? Why did you hire special counsel? It can't be because I sued you. I sued you on March 28. You signed the contract on March 10. Why? In the audio above the reason seems to be that I'm so terrible that I have all these cases and am filing all these FOILs (two FOILs!) and am so bad they have to get someone in here to put a stop to my lawlessness? But all the charges against me are false, get dismissed, fall away, all false. You can't really blame me for having too many cases, can you? I was charged with the same offense THREE TIMES. I know the constitution says you can't do that, but they did: planning, zoning and criminal court about the same thing: dog barking. The charge of loud barking dogs is impossible according to the laws of physics because the site where the dogs are kept is 1000 feet away from any neighbor or road and sound tests, affirmed by the editor of the leading peer review acoustics journal in the world, says that the barking contributes ZERO decibels to the ambient noise level at 1000 feet.

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