Taking (Misdirected)

Aim At The Firehouse

To the Editor:

Mr de Brantes opposes the location of the proposed Hook & Ladder firehouse on Route 302.  In his efforts, he has found comfort in maligning my wife and I for our public service. Instead of focusing his opposition with boards and commissions that actually vote on the matter, such as the Board of Fire Commissioners, the Board of Selectmen, the Legislative Council, the Zoning Commission, and the Inland Wetland Commission, he has chosen to libel friends, arguably because we would not unduly pressure such boards.  But let’s try again…

1) The Warden and Board of Burgesses have no vote on the matter;

2) The opinion of Mr de Brantes is that the town has no power to take the Borough of Land Trust property by eminent domain because Hook and Ladder is a nonprofit.  He is unequivocally wrong.  Any attorney, and most non-attorneys will know that stadium after stadium has been built from eminent domain land and transferred to private business. This has been going on since the 1960s.  Of course, the most famous case is Kelo v. New London, 469 US 469 (2005), where the Supreme Court upheld a town’s right to turn over land to private developers for economic development.  There has never been any doubt that a town can take land for purposes of police or fire, or other public purposes. And, of course, the issue is a non sequitur as Hook & Ladder is part of the town per the Board of Fire Commissioners, a town board;

3) There is no conflict of interest because I have no vote on the matter, and, in addition, there are no pecuniary interests from the Land Trust;

4) Finally, a request for an act is not a request for a reply, but just so there is no question, I will reply to you and your letter, Mr de Brantes, the same way I did some months ago by telephone…the Land Trust will not cause the town to take the land by warranty or easement through eminent domain — it needlessly taxes Newtowners with attorney’s fees and court costs. The Land Trust would have no defense, to mount one would be frivolous and potentially rise to the level of vexation, in such a case, the Land Trust would be required to pay statutory double and treble damages .

The Land Trust will work to have Hook & Ladder conform to the landscape and pay for the extensive legal restrictive covenants to be placed on the land.

Final thoughts: before Mr de Brantes moved in, a few hundred feet from where the firehouse is proposed, the property used to be a gas station; that property on Route 302 is still commercially grandfathered.  Perhaps a firehouse is better than a gas station?  Fire protection must reach all areas, including the Mount Pleasant area. We support the best viable location; if there is a better location, great.  If not, let’s work together.

Thank you.

Sincerely,

Jim and Stephanie Gaston

18 Main Street, Newtown                                            August 31, 2010