Comments on: ANALYSIS: Judge Dismisses Old School Lawsuits

By: Susan Bauer

Susan Bauer — Thu, 07 Mar 2013 16:00:22 +0000

The judge’s decision essentially granted a “demurrer.” As Wikipedia so aptly describes it, a demurrer is an opposing lawyer saying “so what?” This was not a ruling on the merits. This was a finding that the plaintiff (OSCC) failed to state a cognizable claim in a court of law. Whereas, the opinions may have been passionately held and the issues vigorously argued by expensive lawyers willing to take the plaintiff’s money, at the end of the day, so what?

By: Wayne Creed

Wayne Creed — Wed, 06 Mar 2013 19:12:19 +0000

Ms. Bauer may want to describe the court challenge to municipal actions that have raised eyebrows across the state as “frivolous,” but I’m sure Judge Lewis would disagree. The Town brought in, from Norfolk and Richmond, three of the most powerful law firms in the state. Judge Lewis heard five hours of Virginia case law (covering decisions from the last 70 years) regarding the issue from both sides. He did not rule from the bench, but due to the complexity of the case, spent nearly 30 days before issuing a written decision.

Frivolous? To the contrary, not challenging the Town’s actions in court would have been “frivolous.”

By: Roger L. Munz

Roger L. Munz — Tue, 05 Mar 2013 14:09:06 +0000

Thank you for a thorough, concise chronology of this entire debacle. I can’t believe Judge Lewis chose a political decision over a legal adjudication of the true events that transpired. A solid legal decision based on the facts of the case would go a long way towards helping to heal the rift in the town. This decision only adds fuel to the fire.

Keep up the good work.

By: Susan Bauer

Susan Bauer — Mon, 04 Mar 2013 20:53:01 +0000

As a lawyer planning to retire in Cape Charles, I am happy to see there are plenty of job prospects. As a taxpaying property owner, I wish the $64,000 in legal fees the town was forced to spend defending these frivolous lawsuits could have been put to better use improving the town.

By: Craig Zuidema

Craig Zuidema — Mon, 04 Mar 2013 15:33:00 +0000

Point taken George.

By: Deborah Bender

Deborah Bender — Mon, 04 Mar 2013 14:48:08 +0000

It’s so sad that the town gave away the building to the developer instead of making it into a community center. The fact of the matter is the people running this town couldn’t care less about the children that live here. All the people running this town care about are tourists! Now we will have an apartment building right on the edge of the park. No basketball court and NO PARKING for the playground.

By: Craig Zuidema

Craig Zuidema — Mon, 04 Mar 2013 13:57:47 +0000

Well, it sure was impossible for me to tell which side of the debate this article was for.

GEORGE REPLIES: I knew I wouldn’t have to wait long before someone would say the story is biased, which provides me the opportunity to point out that the headline clearly states ANALYSIS. It is not a straight news story and is not portrayed as one. An analysis is by definition subjective. An analysis also draws a conclusion. Glad you were able to tell that.

By: Jim Clark

Jim Clark — Mon, 04 Mar 2013 09:26:51 +0000

It appears that the only winners here are the lawyers.