13/ The town agrees to a bunch of allegations (statements of facts). The next one they bother to comment on is #11pic.twitter.com/aFr3tRGcG5
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25/ That was exactly their one defense in the previous court case, that they lost. The legal name for that is "administrative gloss". If the town can show that they have, in the past, treated the word "X" in the zoning code as "Y", they get deference.https://twitter.com/Cary_Bleasdale/status/1451214843109904395 …
26/ In this particular case, the zoning code says: - setbacks are 50 and 25 for all structures - with the exception of lots < 2 acres, where setbacks are 30 and 15 for HOUSE ONLY town argued: "but by 'house' we mean 'barns too'" court asked: oh? Do you have a history of that?
27/ town lawyer said: "umm...probably? maybe? Look, man, I realize that court is today, and this date has been scheduled for 4 months, but - tell you what - let me turn in my homework late and I can maybe find data afterwards and send it along?" judge: lol, no
28/ my attorney: judge, if I may? I did a full search through X and Y and Z looking for any evidence to support a finding of administrative gloss in the town's previous interpretation of this code, and I found none judge:pic.twitter.com/ASpS1MaNN2
29/ the important thing to realize is that the defense is being orchestrated by the Board of Selectmen, at least 3 of whom are backing my neighbor.https://twitter.com/skirtsnhose/status/1451215130994167808 …
30/ So they're not just trying to win the case legally, they're sticking their fingers into the case, presumably saying "...and make sure you phrase it that guy XYZ is good and lived here all his life, and Travis sucks donkey balls"
31/ One of BoS guys has actually violated conflict-of-interest laws by (a) going on record at a hearing 3 years ago saying "I think my friend the neighbor should get his barn!" and then later (b) serving on the planning board and voting to change the zoning code to screw me
32/
There WILL be a #BarnLaw book once this saga is done (hopefully just 2 or 3 years out).
https://twitter.com/RichardWade/status/1451221235258384386 …
33/ If you will it, Dude, it is no dream!https://twitter.com/boltfanindenver/status/1451221661110394884 …
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