Back on August 27 we ran a story pointing out the ineffective assistance counsel provided the Planning Board in the L. Knife case. The case was not whether or not the Planners would or would not issue the permit. Previous litigation required that the Planning Board issue a permit after counsel lost battle over a year ago. This case was about “conditions” issued L. Knife in conjunction with their expansion. At the heart of the issue was traffic. The PB wanted to hold L. Knife to their own assessment that recycling on premise would lessen the truck traffic. The beer giant did not want to be held responsible for that promise so they set out a Motion for Summary Judgment to have that and other restrictive conditions removed. When we reported the story in August, we said:

"There is no question that the Planning Board position will be dashed when Judge Connon submits his formal decision. Our sense is that Knife will prevail on every major point…"

Unfortunately we were correct. When fifth string Koppelman & Paige Attorney Mary Giorgio wrote the Planning Board with the bad news, she stated that "Judge Connon’s decision is convoluted." By that, she stated that the Judge based most of his findings on those already made by Judge Hines who heard the original case. What else was Judge Connon supposed to go by, Giorgio never filed a brief in response to this latest court action. It was a bush league effort on behalf of the town. We’re not lawyers, but we knew the outcome when we watched the embarrassment in Plymouth Superior Court three months ago. The thought also came to mind that this was not entirely unexpected.

It happens this way, in Tombstone.

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