Ossipee — October 11, 2009 — Two major legal cases of interest to lake residents were continued last week, while a third was heard but not ruled on.
Hopes of closure in the Donald Lee case were dashed when a Superior Court judge continued the case for a fifth time. Lee’s attorney requested the continuance after his client scheduled surgery for October 6 to relieve back pain despite a long-standing court date of October 9 to hear Ossipee Bluffs Association’s (OBA) motion for contempt against the environmental violator.
OBA’s attorney argued against the continuance, saying the surgery was elective and, in any event, Lee’s presence was not required because the proceeding was for a ruling by the court. The judge disagreed, granted the continuance and did not set a new date. OBA filed the motion for contempt in June 2007.
In Manchester, the chief judge of the District of New Hampshire U.S. bankruptcy court continued a scheduled hearing on a motion that would allow a real estate group to proceed with a foreclosure auction of Westward Shores Marina & Campground. The judge did not state a reason for the continuance but did set a new date, which is November 2.
In contrast, the wheels of justice appeared to turn at State Supreme Court in the Town of Tamworth’s appeal of a Superior Court decision to remand, for more information, the Planning Board’s denial of a permit requested by motorsports racetrack developer CMI. All sides, including intervener Focus Tamworth, presented to the court on Wednesday, as scheduled. A decision, however, is likely to be months away.