CLARK STREET REALTY TRUST 89-91
|DECESARE VINCENT A||Grantor|
|DICESARE VINCENT A||Grantor|
|BEACH STREET LIMITED PARTNERSHIP||Grantee|
Back story and more back story. And of course we also smoked the snooty Suffolk Superior Court clerk when he tried to shut down the mighty KingCast Canon 60D. Mr. Pisano's people have helped him prepare a Motion for Injunctive Relief (TRO) that will be heard Wednesday at 2p. Meanwhile the Developers have moved for an expedited ruling that he lacks standing because he is a renter and not a homeowner. Well to me that's kind of sleazy because all he is seeking at the damn TRO hearing at this point are the results of the testing that he discovered HAS BEEN COMPLETED:
Where are we in the process? What’s the big picture and the likelihood that this will happen? The site is under agreement for CND and we are currently doing some testing on site to determine how much environmental remediation will be called for. The results will inform our decision to buy the property or not. More on this later.More on this later they say.... well dammit it has been a year is that later enough guys? I've had enough of this crap and so has Mr. Pisano, just straight shoot or shut your mouth, I say. As noted in this journal and in several KingCast short films, City Councilor Ira Novoselsky was present nearly an entire year ago at a developer's meeting at which the representation was made that testing was "being conducted." As noted, these results were never made public to anyone, and given the fact that the public welfare, including health is involved, and whereas the consequences of a rotting gas tank can be severe, and whereas the soup kitchen people told him that they moved from 525 Beach Street because of contamination, a reasonable Jurist would find that he has standing. He is also named in his parents' will at his home, which abuts the subject property. This is going to get interesting real fast, and you can watch it all play out right here at KingCast.net.
As to Standing on environmental nuisance, we have Joyal v. Marlborough, 3 Mass. L. Rep. 379 (1995) (cited herein) residents have standing, irrespective of whether they own their homes or rent. HN1 Mass. Gen. Laws ch. 214, § 7A empowers the superior court to enjoin damage to the environment as long as certain prerequisites are met. The court also has general equitable powers to enjoin nuisance. Mass. Gen. Laws ch. 241 § 1 and Mass. Gen. Laws ch. 241 § 5. Try again guys LOL. Just cough up the records.
See also Everson v. Board of Education - 330 U.S. 1 (1947) and Policastro v. City of Boston, 20 Mass. L. Rep. 273 (2005) -- because their own documents indicate that there is an actual expenditure -- not merely tax credits -- he has standing. And oh, as seen by the thumbnail below, Clifford Pisano's father -- otherwise known as the homeowner -- gave him express permission to speak on his behalf. And the property is willed to him as well. Can you say "substantial interest?" Here is the Policastro nugget of Truth:
Here, treating the factual allegations in his Complaint as true, Policastro has alleged sufficient facts to place him within the area of concern of the Establishment Clause and the Anti-Aid Amendment. As a resident taxpayer of the City of Boston, Policastro has the right to contest the sale of publicly owned land at a below-market price to a religious institution for the purposes of operating a house of worship and the endorsement of a particular religion and excessive entanglement created by the establishment of a particular lecture program at a public college.9While Policastro was decided in a religious/establishment context it sure would seem inappropriate for a court to dismiss his concerns in this instance now, wouldn't it? Whatever the case, why not just produce the test results? I asked for them, the EPA has asked for them, Clifford Pisano asked for them and they bragged about conducting the tests on their own website. As for the expedited hearing, Mr. Pisano need not answer that Rule 9A Motion for another 9 days or so, but they will have to appear in Court on Wednesday. Looks like he out-expedited them, huh. They can run but they can't hide.