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Lawsuit Summary Judgment Reply: KingCast v. Quincy KingCast v. City of Quincy MGL 66 10 Public Records Request On James Berlo Property
Lawsuit Summary Judgment Reply: KingCast v. Quincy KingCast v. City of Quincy MGL 66 10 Public Records Request On James Berlo Property
NORFOLK COUNTY
COMMONWEALTH OF MASSACHUSETTS
CHRISTOPHER KING, J.D.
A/K/A KINGCAST
AND MORTGAGE MOVIES JOURNAL
17006 11TH Avenue
Shoreline, WA 98155
Plaintiff,
JUDGE______________________
v.
CITY OF QUINCY
AND
JAMES S. TIMMINS, Esq.
In his Individual and Official Capacities,
1305 Hancock St.,
Quincy, MA 02169
Defendants.
)
)
)
General Issues.
1.
2.
3.
****************
13: Since that time, on or about 19 October, 2015 Defendant
Timmins willfully violated the Statute, in an action that is at once
clearly ultra vires and arbitrary and capricious in nature, by
demonstrating his contempt for the Statute:1
.Here is my response to your email, to the extent a response
is warranted:
The material you want from Jay Duca will cost a total of $55.60.
A check payable to the city of Quincy should be mailed or
delivered to Jay Duca, Quincy Building Department, 55 Sea
Street, Quincy MA 02169; and he will then produce the
requested copies.
I will not be providing any updates on any matters..
(emphasis added in case the Court cant smell how foul this is
to start with,
see generally Worcester Telegram & Gazette Corp. v. Chief of
Police of Worcester, 436 Mass. 378 (2002))
17: Further, they have refused to provide Plaintiff any updates to his
Public Records Request when all he wanted was updates from
1 September, 2015 to 20 October, 2015. (emphasis added)
The facts of paras 13 and 17 are not materially in dispute: The Defendants
object to the characterizations in para 13 but cannot dispute the material
facts involved, i.e. that Defendant Timmins wrote I will not be providing any
updates on any matters.. and that they refused to provide updates.
Because otherwise we would not be here, would we? Of course not. 2
****************
As we all know, Plaintiff then went on to cite relevant law on the matter
including: Worcester Telegram & Gazette Corp. v. Chief of Police, 436 Mass.
378, 382-383 (2002). The statute expresses the Legislature's considered
judgment that [t]he public has an interest in knowing whether public
1 For more proof of this assertion see further his attitude in condemning Mr. Berlo in
Appendix C without ever even discussing the matter with him.
2 For some reason Defendants Answer and Affirmative Defenses failed to address
paras 14-21 in their entirety. Matters not denied are deemed admitted, but even if
they were not, the Defendant cannot deny what Attorney Timmins wrote, i.e. no
updates. Thats really all the Court needs to know in order to make its judgment on
the law; the rest of the facts and the Thyng case all go to bad faith and punitive
damages that will be assessed by the Jury as contemplated by Plaintiffs Jury Demand
attached hereto.
servants are carrying out their duties in an efficient and law-abiding manner.
Attorney General v. Collector of Lynn, 377 Mass. 151, 158 (1979). Greater
access to information about the actions of public officers and institutions is
increasingly . . . an essential ingredient of public confidence in government.
New Bedford Standard-Times Publ. Co. v. Clerk of Court, 377 Mass. 404, 417
(1979).
Again, against that backdrop let us move on to the indicia of Bad Faith
where the laymen in their purported expertise lied to their counselor
about just about everything and to Mr. Berlo by not providing a relevant
email from a FEMA employee about the Velocity Zone (App B)(Appendix A
herein) and by continuing to assert that a distinguishing issue is based on
assessed value when it is in actuality MARKET VALUE. As Mr. Berlo wrote
recently in an email shared with Plaintiff:
From: James Berlo <[email protected]>
Date: November 4, 2015 at 5:55:48 AM PST
To: "[email protected]" <[email protected]>
Cc: Christopher King <[email protected]>
Subject: "Substantial Improvement"
Dear Councilor for you & your friends information FEMAs 50% substantial improvement is based
on the MARKET value NOT Assessed value , I Paid $172,000 therefore $86,000 would be the
cost I would have to exceed and is over a third more than even Mr. Ducas personal arbitrary
estimate ( doubling my own) I would have to be quite extravagant to reach $86,000.
Also My Neighbors did not express concern over my House being a Blighted Property ( maybe
only two did who both work for & have benefitted by their association with this administration) In
fact they approached me wanting to start a Petition against City Officials that have been
determined to make & keep it a Blighted Property.
They only complain to me about, for example a Neighbor who has built an Out-House
( Cabana)with Utilities without Zoning, Permits or Notifications , and has taken large tracts of
Public Land and filled in a Marsh (Wetland) I do not care about this but you should , But what is
so concerning is the inordinate attention My House has gotten since day one where there is and
has been others with Sea Side Property subject to harassment & abuse by City Officials that
ended in Litigation.
There seems to be a Pattern here which should concern you and warrant more attention than
trying to prevent me from Living in the House that I own entirely.
Like basic City services, why should I have to clean up the Garbage from Illegal Dumping next to
My House that went on for years?
which would include the deliberate miscalculation that Margaret LaForest and
Jay Duca and others used when calculating whether Mr. Berlos property was
subject to FEMA regulations. They used Appraisal Value when it is clearly
Market Value.
It turns out however that Mr. Fatseas was specifically copied on an email in
which he demanded to speak to the Mayor, and was denied:
Because as I told you before, I'm not here to, ummmm, play around. Just ask
the Boston Herald after I found Joanna Marinova her Counsel. Herald. lawyers
said they liked my blog. It's all in the video but below I've got it closedcaptioned for the hearing impaired.
http://christopher-king.blogspot.com/2014/03/kingcast-cheers-joannamarinova-and.html
https://www.youtube.com/watch?v=l_kb8JS-Lk0
https://www.youtube.com/watch?v=ZlaHj9QN9yc
Also, it has been a week or so since Mr. Berlo tendered his monies for the first
Public Information Request.
He still doesn't have anything from Jay Duca.
Ciao.
CHRISTOPHER KING, J.D.
[email protected]
[email protected]
http://affordablevideodepo.com
http://mortgagemovies.blogspot.com
617.543.8085m
206.299.9333f
CONCLUSION
Plaintiff submits that it is and was always fairly clear where he is
coming from, and further asserts that Attorney Timmins is waking up to smell
the coffee as well, after years of the sort of deception that landed the City in
so much disfavor in Thyng:
This truly is a simple matter. Plaintiff asked for public documents,
principally a series of emails produced by employees who have the power to
unlawfully withhold build permits. employees who have been highly
questioned and found liable in their individual capacities for exactly such
conduct in the Thyng case.
In return, he got dilatory responses and no documents responsive to
any and all emails that Mr. Berlo (or Plaintiff) has sent to you or any other
city official since 1 September 2015.. and their internal emails relative
thereto (subject to the demarcation set forth in Fn3, supra). He now demands
production of same and all fees, costs and punitive damages to be assessed
by a Competent Jury of appropriate composition.
.
Respectfully submitted,
_________________________________________
CHRISTOPHER KING, J.D.
[email protected]
[email protected]
http://affordablevideodepo.com
http://mortgagemovies.blogspot.com
617.543.8085m
206.299.9333f
APPENDIX A
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APPENDIX B
11
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CERTIFICATE OF SERVICE
I the undersigned, swear that a true and accurate copy of this Reply
was served, via tracked U.S. Mail, to Defendants at:
JAMES S. TIMMINS, ESQ.
City Solicitors Office
Quincy Town Hall
1305 Hancock Street
Quincy, MA 02169
with a Courtesy Copy in the name of Justice, Public Decency and
Transparency to:
Hon. Paul D. Wilson
Suffolk County Courthouse
13th Floor
Three Pemberton Square
Boston, MA 02108
and to
The World Wide Web
This 19th day of January 2016
_____________________________
Christopher King, J.D.
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