With a key conference before Judge Ann Marie Taddeo in PDDG’s Article 78 lawsuit against Supervisor Wes Kennison and the Town of Geneseo set for this Wednesday, the parties have been busy trying to bury each other in a last-minute blizzard of paperwork. On Friday, PDDG litigants Bill Lofquist and Corrin Strong received a package of 6 legal documents from the Town’s attorneys which included an answer to PDDG’s petition, two affidavits and a memorandum of law.
Boiling it all down, the town’s case seems to be as follows: We don’t know if the correspondence referenced in our town attorney’s billing records ever existed; If they did exist, they have probably been destroyed; If they were destroyed they were probably “not significant” under the regulations; Even if they were significant and we destroyed them, there is no remedy for the public; and finally, this is all O.K. because we are entitled to a presumption that we are doing everything right.
PDDG responded Monday with an opposing memorandum of law and a new supporting affidavit from Bill Lofquist. PDDG’s case can be summarized as follows: “That a sophisticated law firm could lose important public records is not credible. That they would destroy them is a violation of the law.”
PDDG has asked the court to order a more detailed affidavit from the town’s attorneys explaining exactly how they archive their records and how diligently they have searched for the missing records. A copy of the Memorandum has been posted on The PDDG File and can be found here. Stay tuned!