Tuesday, August 20, 2013

City Wins Round 1 of MX Zone Change Litigation, Allegations Against City & Commissioners Dismissed

Judge Aurigemma sustained  the City of Middletown's Objection to the plaintiff’s Motion to Amend the Record.  The  Plaintiffs, Jennifer and Jared Proto and their attorneys sought to add to the record 175 pages of e-mails and other documents the plaintiffs received via FOIA and to seek the depositions of Director of the Planning, Zoning & Conservation Dept. William Warner, Commissioner Ken McClellan (R), and Commissioner Molly Salafia (R) (despite Salafia's recusal  prior to the initial hearing before the vote).  The Court sided with the City and denied the plaintiffs' Motion.  The case is proceeding as submitted without these additional documents and without any depositions.  The Judge exonerates the commissioners and planning director of any wrong doing as the plaintiff's allege; finding there were in fact no illegal or unethical "ex parte" communications whatsoever.

The findings of the Judge and Motion  with counter allegations & criticisms from City Attorney Brig Smith are linked below:
Objection to the Plaintiff's Motion to Amend the Record
Order to Sustain Objection to Motion to Amend the Record


  1. Not surprising if you remember ed4ed rant in his toy blog when he didn't even know what ex parte meant.

  2. funny the Eye or Press aren't carrying this story

  3. The Eye can never admit their own greed and mistakes. ED4ED talks about BLue House LLC, but why cover it up in the 1st place? It is legal to flip homes isn't it? The answer is an outstanding "YES", but they (Village/ED4ED/BlueSmurfs) are so obsessed with their images that when one of the INSIDER writers wrote the article ED4ED went ape and showed up at Salafia's home.. ED$ED then wrote an article on the PATCH aka EYE subsidiary do explain the Blue House thing. New questions emerged: Why are they now saying they never made any money off the deal when they clearly did. Give me a break! The same old liberal dribble.

  4. Even if ed4ed and his NIMBY buds put it in the eye they wouldn't post any comments that disagreed with them. He's the worst kind of hypocrite.

  5. My question is why just McClellan and Salafia's email's when all of the commissioners voted for the zoning change. Mine you Salafia, Adams and Johnson recused themselves. Sounds very political to say the least.

  6. I think the entire ED4Ed thing makes Ed look bad. When he ran as an activist ala Devoto it was for Change or on the so called renegade Democrat ticket.. Turned out Ed was protecting his secret society of Blue House folks.

    "Bob Landino, how dare you try to build on 66! "
    "Ed, you guys are basically doing the same thing a few lots over!"
    "It's different, we are giving the home away (LIE)"

    Imagine if somebody had a website and received a comment they didn't agree with. Let's imagine if that person, ED showed up in a threatening manner on his/her porch to say:

    "I had your computer traced and the comments are from you." (ILLEGAL)

    GEt a grip ED! Of course people don't use their names, they are afraid of you!>

  7. Leave Ed alone! He is allowed to make his money like everybody else.

  8. Anon 9:29 am- no shit! I think Ed just doesn't want to admit he didn't want a half way house in his neighborhood! His wife works for a rehab non profit- he and his neighbors took a 16 bedroom dormitory and made it a 2 family. Smart to prevent a tenement house and not illegal- just hypocritical! No one is criticizing him making money- NOW he has switched gears to say he did make money and so what to try and get voter sympathy- NO one not the original article even criticized him for it. ED4ED wrote an article that criticized Attorney Wilson and made allegations of him contributing to the Giuliano campaign and then Giuliano speaking in favor of the zone change. His article attempted to shame anyone who disagreed with him and spoke at the public hearing, and this blog turned the tables. Did Ed mention he went up and called Lee Osborne in the lobby and Dan Russo assholes to their faces and when he did it to Russo it was caught on audio? Ed needs to apologize to many people.

    Ralph Wilson also contributed to the DREW campaign and Mayor Drew blessed the zone change in writing, but he is a liberal so Ed doesn't care. And who cares who a private citizen like Wilson contributes to anyway? It is not illegal. Ed alleged a political conspiracy where there wasn't one, but failed to see Landino is a former Democratic representative. He didn't FOI Drew's email now did he?

    If the Blue House wanted to give a house to a needy person why not give to Fred Carol? Idea was NIMBY = no half way house people.

    Not illegal to trace online activity- just IMPOSSIBLE to pin point a comment and trace an IP address without more information obtained illegally.

  9. Ed4ed has threatened boe staff too. But they are too afraid to complain. His anger issues are no secret and not just the door pounding and porch offensive or the lobby attacks. Ask wife #1. Hes an arrogant hippocrite the worst kind. He takes to his blog to control the lies...I mean the story and taunts anonymous posters who dare to tell Another side of the story. The eye is his bully pulpit.

  10. The next time I am downing cocktails and talking jive about local politics, the phrase "Quasi-judicial functionality" will be on the tip of my tongue.
    How could someone be so naive as to apply such a standard to what was plainly a legislative process?

  11. The next time you are talking jive about local politics you would do well to quote extensively from the City's Objection. Brig Smith wrote (or at least signed) a fine piece of work there.

    I assume that if you are elected mayor you will keep Attorney Smith on?

  12. I like Ed, but jesus christ he is out of control and I will admit he scares folks. Why write a letter of criticism to the EYE so he can find you and do whatever.. He hangs out with his RICHIE friends like Jen Alexander who, with her husband have raped and raped money for years.!

  13. Ed4ed and his no strip mall in my back yard cronies are amending their lawsuit. They're whining that salafia had email communications with mecclelan. Ironically they are NOT complaining that she also had email communications with ed4ed.

  14. The ED4Ed's are hypocrites and want to do what they want.. What happens when the P/Z people talk or have meetings on both sides all that is (potentially) binding in any litigation... Who knows what they are up to now? My guess is that they will keep whining and modifing etc. It's funny how Ed4ED goes on his well paid vacations while everybody else (Non-Blue houseers) end up carrying the water. There were a lot of people unhappy with Ed after the Blue House revelations, I was shocked too. It's not illegal or even unethical, but they keep lying about fact 1 (we made no money on blue house), or (we gave the house away to a stranger). Both of these yarns are bullshit! Blue House was set up to make CASH, so what! The issue is the LIE! They even knew the Rioux woman that bought it, (a total stranger my ass) she is friends with Ed's well paid wife from high school. How about a real article from Cassandra Day about this issue, right she is in the car with them with regard to their agenda. Another issue to think about, the Blue Housers didn't want a drug and alcohol rehab house in their neighborhood, but they also refuse to admit this.


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