OSWPCA: Sunshine / Letter to Bd of Selectmen - Pace, 30Mar10

Text facsimile

---------------------------> Joel R. Anderson

                             13 George Drive
                             Old Saybrook CT 06475-2636
                             860 388-9858
                             30 March 2010
Office of the Board of Selectmen
Michael A. Pace, First Selectman
302 Main Street
Old Saybrook CT 06475-2384
   '... nor be deprived of life, liberty, or property, without 
   due process of law; nor shall private property be taken for 
   public use, without just compensation.'
   - Amendment 5, US Constitution
Dear Selectman:

Because the Town finds itself between a rock and a hard place, as a result of its acquiescence to a court decision that the Town is intentionally polluting, that doesn't mean that the Town is authorized to violate both the US and CT Constitutions to extract itself from its folly. Spare us the maundering that you have to do this, the Waste Water Mangement District (WWMD).
   Necessity is the plea for every infringement of human freedom. 
   It is the argument of tyrants; it is the creed of slaves.
   - William Pitt, speech to the House of Commons, [Nov. 18, 1783]
The Town could take my septic tank at my expense were it causing a substantial adverse impact on the public health. But the Town (or WPCA), under the WWMD Ordinance, is making no claim that my septic tank in its present size, siting and condition has a substantial adverse impact on the public health. Therefore, according to Amendment 5, if the Town wants to take my septic tank the Town must do it at Town expense, not at my expense. When the Town brings itself into compliance with the rule of law I'll be happy to cooperate. Until then, no. Read, or have a lawyer read, the current status of Amendment 5 eminent domain taking. Don't buy legal trouble for the Town though your negligence.
   I predict future happiness for Americans if they can 
   prevent the government from wasting the labors of the 
   people under the pretense of taking care of them.
   - Thomas Jefferson
982 votes were cast against establishing a WWMD. If the Town has a legal opinion that indicates how the Towm can sucessfully evade the constitutional issues, I would like to see it. Everyone would like to see it.
                             Very truly yours,

                             Joel R. Anderson

N.B: a copy of this letter is posted to my website,

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Office of the Board of Selectmen
William A. Peace, Selectman
302 Main Street
Old Saybrook CT 06475-2384

Office of the Board of Selectmen
Carol Manning, Selectman
302 Main Street
Old Saybrook CT 06475-2384

Robert W. Fish
Treasurer, Old Saybrook
49 Obed Heights Rd
Old Saybrook CT 06475

Michael E. Cronin, Jr.
Old Saybrook Town Counsel
201 Main Street, P.O. Box 454
Old Saybrook CT 06475

John E. Wertam, Partner
Shipman & Goodwin LLP
One Constitution Plaza
Hartford, CT 06103-1919

Hon. Richard Blumenthal, Attorney General
Office of the Attorney General
55 Elm St.
PO Box 120
Hartford CT 06141-0120
re Public Inquiry #339871 or #340861 (or both)

Nora R. Dannehy, US Attorney
US Attorney's Office
Connecticut Financial Center
157 Church Street, Floor 23
New Haven, CT 06510

Eugene M. Evangelisti, Chairman OSWPCA
Town of Old Saybrook
302 Main St
Old Saybrook CT 06475

Gratia Lewis, Financial Mgr OSWPCA
37 Old Boston Post Rd
Old Saybrook CT 06475