Letter: JPNC lawsuit wasn’t frivolous

December 20, 2013
By

The Jamaica Plain Gazette has now, hopefully, written its final confusing and inaccurate commentary in a long line of such articles over the course of the Jamaica Plain Neighborhood Council’s lawsuit against the developer of the former site of the Home for Little Wanderers. (“The JPNC lawsuit settlement,” editorial, Dec. 6.) The most recent editorial states, “The lawsuit looked like a legal house of cards that a judge knocked down easily. Based on the grandiose claim that the JPNC is a municipal body, the suit turned the council into a smokescreen for an untenable argument.”

This statement simply ignores what occurred. The developer asked the court to require the JPNC to post a bond during the pendency of the JPNC’s appeal, which is a measure reserved for frivolous cases. Well known to the Gazette, the judge stated in his decision denying the request for the bond as follows: “…because of the interaction between the JPNC and the Board of Appeals and other city agencies since 1985, as set forth in the papers, and the lack of governing appellate court precedent on this important issue, this court is unable to make a finding that a JPNC appeal of the dismissal is frivolous or vexatious. Therefore, the motion to require that the JPNC post a bond pending appeal must be denied.”

Why it is the Gazette adheres to its inaccurate commentary remains anyone’s guess.

Jeffrey Wiesner

Counsel to the JPNC

Jamaica Plain