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Letter to the Editor: Jacobs Lawsuit Seeks to Stifle Opposition

Friends of Little Fresh Pond president and vice president say law firm will defend them against Jay Jacobs' lawsuit pro bono.

Dear Editor and Friends of Little Fresh Pond,

You have probably heard about that Jay Jacobs, the man who would turn land abutting Little Fresh Pond into a huge summer day camp, has filed against your president and vice President seeking, in our view, to stifle our and your opposition to his plans. This seems to us a clear effort to intimidate us and you, and anyone who might join us and town officials for that matter, from making our views known, and standing in his way. We must demonstrate to Mr. Jacobs that we are not so easily cowed, and that his lawsuit for $45 million each will be treated with the scorn it deserves.

The case will be defended for us by Phillips Nizer LLP, with Stuart Summit, Senior Litigation Partner, taking the lead. Phillips Nizer is a well-known Manhattan-based firm, 80 years old and founded by the legendary Louis Nizer. Stu is a highly experienced trial lawyer as well as senior counsel to the New York State Commission on Judicial Nomination and an LFPA member.  They will not charge us for this representation. Lawyers at Phillips Nizer are experienced with cases like this, cases that are brought to inhibit public participation in community issues. (They are known as SLAPP suits, under New York Law, and can lead to the developer who brings them being subject to various penalties.

Jim Henry and Andy Rafter of Northern Environmental Law Center continue to represent us before the zoning and planning boards, where the real battle is for the future of our pond and neighborhood. Wayne Bruyn, attorney for Jay Jacobs, just filed his papers with the zoning board, and Jim and Andy will be filing the reply on our behalf in two weeks.  The final hearing is scheduled for 7 p.m. on Dec. 1, the very last hearing before the Zoning Board. Put it on your calendars now!

It is so important to the future of our community that each of us continue to let our opposition be known and continue to contribute time and money to the effort to preserve Little Fresh Pond, and the serenity of our lives here. Please do not allow bullying tactics like this and the barrage of expensive advertisements deter you. We must fight back!

Thank you for all your efforts and support,

John A. Barona, President
John Gorman, Vice President

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