To The Daily Sun,
On Nov. 16, 2015, Thomas Tardif filed a petition for ex parte injunction and declartory judgement against the City of Laconia. In The Laconia Daily Sun November 21, 2015, "Tardif Sues City Over Procedures Used & Proposed Regarding Unanticipated Revenues". Laconia Mayor and City Council are attempting to transfer power given to them in the City Charter by the people of Laconia to the city manager. A hearing on the court case is schedule for March 9, 2016 at the Carroll County Court House at 11 a.m..
Superior Court Rule 9(a) requires an "answer" must be filed within 30 days of the filing of the complaint. After no answer was filed WITHIN 30 DAYS, Tardif filed a motion for default judgement. Walter Mitchell of the Mitchel Group filed an Answer 23 DAYS AFTER the required deadline. The court order made by Judge Charles Temple granted the city's motion, "Motion to accept the filing of the answer is granted under N.H. Superior rule 1 (d). Good cause appears and justice requires the waiver of Rule 9(a) under these circumstances." The City of Lacona's defense was, "Allowing the filing of the completed answer at this time, JUST 23 DAYS AFTER IT WAS INITIALLY DUE, will cause no prejudice to the petitioner as a new hearing date has not yet been set."
In The Citizen on Jan. 27, 2016, "Timber Hill Farm Appeal Filed Late Town Claims" by Bea Lewis. "In a Jan. 19 filing the town's lawyer Laura Spector-Morgan (of the Mitchell Group" argues that Twomey's appeal was filed too late. Under state law a person aggrieved by a land use board decision must file an appeal of the decision WITHIN 30 DAYS of the board's decision on a motion for rehearing. A timely appeal is a necessary prerequisite to this court obtaining jurisdiction over the appeal."
In The Laconia Daily Sun, an article by Gail Ober, "Gilford Files Motion To Dismiss Twomey Appeal At Timber Hill Farm", states, "According to attorney's for the town and the Superior Court file, the motion for a rehearing in Superior Court was filed on Jan. 4, 2016. The decision not to enforce the cease and desist order was made on Dec. 1, 2015." That is JUST 5 DAYS AFTER THE APPEAL DEADLINE. "A timely appeal is a necessary prerequisite to this court's obtaining jurisdiction over the appeal, wrote Attorney Laura Spector-Morgan. Even ONE DAY may be fatal to a party's appeal."
In The Citizen Dec. 9, 2015, "Alleged Zoning Scofflaw Files Permits" by Bea Lewis: "Attorney Laura Spector-Morgan, who represents the town, asserted that Griffiths request to reconsider, vacate and void judgement should be denied as he FAILED to SHOW UP for the initial HEARING and despite filing a motion the NEXT DAY claiming he had been too sick to attend had not called the court the day of the hearing to report he was ill."
In a similar court case, David Gammon v Laconia City Clerk, as reported in The Citizen by Bea Lewis on Oct. 17, 2014, "High Court Rules City Man Entitled to Tax Free Recovery of Costs". "Judge Smukler approved the agreement and order a hearing regarding costs to be held on Nov. 19, 2014. The city's attorney Laura Spector-Morgan DID NOT ATTEND the HEARING on costs and Judge Smukler issued an order awarding Gammon costs, The city filed a motion for reconsideration. Attorney Spector-Morgon asked Smukler to reconsider the award of costs by conditioning it on Gammon's submission of a completed W-9 form." A NEW HEARING WAS GRANTED. The City of Laconia won in Superior but lost the appeal to the Supreme Court.
There seem to be a double standard. I would advise Thomas Tardif to attend the hearing and if he loses to appeal the case to the Supreme Court within 30 Days after the court ruling.
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