7/ Branch B is where the variance is granted by the good ole boys on the town zoning board. Then we sue the town a second time, alleging that the variance was granted illegally. The facts are hugely on our side here. First off, variances are authorized under RSA 674-33
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8/ And 674-33 is about cases where the building has not yet been built. In this case, bc Gil violated the Cease and Desist order and BUILT THE BUILDING, he is no longer a candidate for a variance. So our first point in challenging a variance is "you simply can't issue one".
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9/ Gil, having built a building, must instead apply for an equitable waiver of dimensional requirements under 674-33-A. Second, even if the court does not buy that argument, we have hard facts that rebut every single branch of the 5 point test that Gil must pass to get a varnc
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10/ If we win that challenge, Gil goes back to ZBA and maybe applies for a waiver of dimensional requirements. He also loses on all four points of the test for that. But perhaps the town issues it anyway. So back to court to get it dismissed. In general, each round of court
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11/ costs me about $4-5k ...but that's ok. I earn decent money, and fighting people is the most enjoyable of all of my hobbies, so it's worth it. So eventually we get to a point where we've won - challenge issuance of permit - challenge variance - challenge dimension waiver
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12/ at which point we launch a fourth lawsuit, which is a request for the town to pay our legal fees. This is only upheld in cases where there is evidence of gross bias against one individual ... and if town ZBA votes against us on variance and/or dimensional waiver, despite >
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13/ overwhelming facts, that would, to my eye, be perfect evidence that there was such a bias. Doing three hideously dumb / illegal things, and losing in court after each of them is convincing, no?
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14/ so anyway, this thing could drag on for 4 - 6 years. But, as I said, I like to fight.
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ⓘ Dogs don't have thumbs Retweeted D.J. Schreffler
15/ I'm trying to convince
@BostonDelendEst to co-write a story with me! Btw, any of my other lawyer friends - offer is open to you. Criminal defense, land use attorneys, whatever - want to co-write a legal thriller short story set on the moon?https://twitter.com/DJSchreffler/status/1306221195646447617 …ⓘ Dogs don't have thumbs added,
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Awesome! I'll DM you my email addr; get in touch!
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Replying to @MorlockP @BostonDelendEst
oops, just tried, DMs are closed how do I contact you?
0 replies 0 retweets 1 likeThanks. Twitter will use this to make your timeline better. UndoUndo
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