School Appeals Officially Dismissed By Commissioner
Late Wednesday the Department of Environmental Protection Commissioner ruled that he will not reconsider his decision to accept the appeal dismissal.
Photos
Petitioners against the new Wilmington High School have been dealt another blow in their appeal efforts as the Department of Environmental Protection Commissioner ruled that he will not reconsider his decision to accept the dismissal of the school appeals.
Commissioner Kenneth Kimmell sent notice to the involved parties late Wednesday that he adopted the decision of Hearings Officer Timothy Jones, who ruled that there was no merit to the appeals and thus they should not reach the hearing.
The appealing parties now have 30 days to appeal the project to Superior Court, which is likely the final step in the process.
It's not immediately clear if the appellants officially plan to take the project to Superior Court, but they have indicated to Patch in the past that it is the likely outcome.
Check back for more updates on this story, including complete reaction from involved parties.
Thomas Convery
12:23 pm on Thursday, November 15, 2012
Let's get started on the new High School and Turf Field - NOW !!
Mario Marchese
12:31 pm on Thursday, November 15, 2012
Just wish this was the last step, but we all know what will probably happen in 30 days from now.
Donna
12:53 pm on Thursday, November 15, 2012
Love the photo!
Ready to fight
1:03 pm on Thursday, November 15, 2012
The good thing about filing in Superior Court, is that now the Town, will be able to counter-sue for attorney's fees and expenses associated with a frivolous lawsuit, if it down't get dismissed right away. So finally the Town and those wronged will have recourse against Kevin and his 10 resident group.
Maya
1:22 pm on Thursday, November 15, 2012
I was going to ask if the town has any recourse against these people. Anyone know if the town is considering this? Can we as town tax payers file our own suit?
Jack
5:02 pm on Thursday, November 15, 2012
Kevin, Do not listen to any of these punks. Your doing a great job. Even if I don't agree with you I admire your courage and unwavering determination! Good Job!
steve
7:52 pm on Thursday, November 15, 2012
Longer it goes on the more it is going to cost us
Jennifer
8:02 am on Saturday, November 17, 2012
Require them to post a bond and see how anxious they are to play their games!
George Lingenfelter
10:04 am on Monday, November 19, 2012
It's easy for the DEP Commissioner to deny the 10 Resident Group Motion to reconsider his decision to dismiss the appeal. After all, the DEP Commissioner is relying on the integrity of the DEP Presiding Officer to accurately and impartially provide him with a summery of the facts. However, when the Presiding Officer does not apprize the Commissioner all the facts and also makes false statements (i.e. distorts the facts within the recommended decision), the Group really had no hope of an honest proceeding. The Patch posted the DEP Presiding Officer's recommended decision to dismiss. Why hasn't the recommended decision not to reconsider been posted for the citizens of Wilmington to read? I provided Matt Schooley with pdf copies of the recommended decision to deny the motion and the Group motion for reconsideration. I again ask that these documents be posted on the Wilmington Patch.
George Lingenfelter
10:05 am on Monday, November 19, 2012
In my opinion the DEP Presiding Officer was very biased in his decisions and succumbed to political presser rather than the facts.
Phil
1:40 pm on Monday, November 19, 2012
So it's all a big conspiracy against you? No possibility whatsoever that the DEP officer did listen to your concerns, and you were just wrong? There's a medical term for that.
And the word is "pressure".