Insanity

One of the definitions of insanity is to do the same thing over and over and expect a different outcome. The Holland Blog recently posted a piece with the title “Judge scolds Selectboard and DEP officials.”
The piece includes a link to a recent opinion issued on August 13, 2009, by James P. Rooney, Administrative Magistrate.
In that Recommended Final Decision, Administrative Magistrate Rooney admonishes involved officials, “to perform other tasks important to the public.” (page 23.)
The Board of Selectmen with James Wettlaufer as the chairman obviously does not listen. Less than two weeks later, on September 25, the town of Holland filed its next lawsuit against James LaMountain and Northeast Concepts, Inc. The lawsuit is for the very same reason, alleged illegal burning of brush on the hillside property off of Mashapaug Road. The complaint again ignores LaMountain ’s status as a farmer.

Picture of one of Mike LaMountain ’s real brushfires I took last year in August. Please compare the picture with the picture below, the picture of one of the fires that is subject to the suit filed by the town on September 25, 2009.

The suit filed by the selectboard on behalf of fire Chief Foster with James Wettlaufer as the chairman of the Board of selectmen is in violation of “res judicata,” a law/rule that is defined in Black ’s Law Dictionary as: “A Rule that final judgment or decree on merits by court of competent jurisdiction is conclusive of rights of parties or their privies in all later suits on points and matters determined in former suits.”

The rule is meant to prevent abuse of the court system by suing a party for the same issue over and over again.

Wettlaufer openly disagreed with Housing Court Judge Dina Fein ’s decision which recognized in its ruling LaMountain ’s status as a farmer and LaMountain ’s exemption from certain laws and regulations. In an interview with the SEN, published on Friday, June 8, 2007, Wettlaufer stated: “Well, we ’re right back where we started.” More than two years later he is not any closer to get his way and is willing to waste more funds at the taxpayer ’s expense in pursuing his personal agenda. At least Wettlaufer has the “joy” of wearing down LaMountain, an effort paid for by the unassuming taxpayer.
Two emails sent by Wettlaufer to the DEP and obtained through discovery in one of the countless cases that never go anywhere, Wettlaufer ’s dismay and frustration over the judge ’s lack of cooperation in their decisions becomes apparent. (Any bold/italic text in the main section of the Holland Blog is a link!)

Wettlaufer ’s emails are an interesting read.

The allegation brought forward in par.10 of the Town ’s complaint ignores existing law and LaMountain ’s exemption as a farmer.

Picture of fire lit by Jarret Hagerty for cooking according to an affidavit signed by Hagerty. I was there. The fire was not a brush fire, and substantially smaller than any fire to burn brush at any scale. Compare the fire in this picture with the fire in the picture above.
It is interesting to note that the complaint is not written by town counsel Vincent McCaughey, the complaint is written by Tani E. Sapirstein, the same lawyer who represents the defendants in my suit in which I request the demolishing of the illegally built homes by the Johnson ’s off of Stafford Road. The matter became known as “Johnson-Landgate” and is now waiting for oral argument to be heard before the Massachusetts Court of Appeals.

The taxpayer needs to know that not only are they paying for this latest chapter of the ongoing insanity initiated by Wettlaufer, they are also footing the bill for Tani Sapirstein’s efforts to prevent the unthinkable, a decision by the Appeals Court which would held the Johnson ’s finally responsible for their illegal actions in connection with the “Johnson-Landgate” scandal.

Just yesterday, James LaMountain went to Springfield to attend a scheduled hearing in Superior Court on the plaintiff ’s motion for a request for an injunction to stop LaMountain from burning. The town ’s lawyer, Tani Sapirstein, did not show up and the meeting was postponed for a later day, this is just part of the game... Other documents filed with LaMountain’s answer and counterclaim:

Affidavit by James LaMountain,
Affidavit by farm hand Jarred Hagerty.

As always, every term written in bold/italic is a link to the document mentioned; just click on it to read the document!

October 7, 2009, Peter Frei