Wednesday, April 27, 2011

Coakley Kool Aid


Kenneth M. O’Brien

“Dear Town Councilor O’Brien, 
…  Your latest email does not change our position that this issue is not within this Office’s jurisdiction.   This is a matter that you will need to continue to pursue at the local level or through the courts.    
Kelli E. Gunagan, Assistant Attorney General”

So wrote a representative of the Massachusetts Attorney General’s Office to me in an email in June 2008 in regard to my inquiries regarding the legitimacy of the granting of the site assignment to SRD (Casella).

As a consequence, legal action was taken by a number of Southbridge and Sturbridge residents to pursue matters through the courts.
When it comes to defending the rights of citizens, the Attorney General’s Office is populated by graduates of the “Heads I Win, Tails You Lose” School of Law.

Recently, exercising its judicial authority, the Massachusetts Supreme Court took jurisdiction over the case from the Worcester Superior Court.

In the course of proceeding, the Court issued a general call for Amicus (friend of the court) briefs.

Lo and behold, who should respond but the office of the Massachusetts Attorney General.

The basis of their response? That the citizens’ group lacks standing to bring the case before the court!

So, on one hand, the Attorney General’s office advises that the matter is outside of their jurisdiction, and that we should pursue relief in the courts.

On the other hand, when we follow their advice, they choose to enter the fray, arguing that the citizens’ are not entitled to pursue the matter in the courts.

One thing is abundantly clear.


2 comments:

  1. Good point Ken. What is your theory as to the reason behind this convoluted posturing by the AG?

    ReplyDelete
  2. Deacon:
    I’ve got my own suppositions about what’s going on. However, rather than sound too conspiratorial, I’m anxious to hear what others think.
    Thanks.
    Ken

    ReplyDelete

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