Tuesday, June 26, 2012

BULLETIN: Judge rules town violated the Open Meetings Act in Y-Gate case

Judge Stern calls Town Council notice about Y-Gate vote a "misleading statement"
By Will Collette

Just minutes ago, the Town of Charlestown lost the first major round in the case of Donaghue v. Charlestown. Dr. Jack Donoghue brought suit against the town to block the Town Council majority's vote on February 13 to give $475,000 to the Charlestown Land Trust so it could buy the derelict campground owned by the Westerly YMCA.

Dr. Donoghue alleged that the notice posted in the agenda was misleading and failed to meet the standards for proper public notice set out under Rhode Island's Open Meetings Law.

Judge Stern completely agreed.

Read Judge Stern's decision by clicking here. To read all of our coverage of the Y-Gate Scandal, click here.

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Judge Stern reserved judgment on the second count of Dr. Donoghue's lawsuit that alleges the ad hoc group dominated by the special interest groups who stood to gain from the Y-Gate deal completely ignored their legal obligations under the Open Meetings Act.

According to the chair of the group, Councilor Gregg Avedisian, the group didn't post agendas or meeting notices and didn't even keep minutes.

Read Avedisian's sworn deposition by clicking here.

As my colleague Tom Ferrio reported, last night the Town Council voted to put off action on the Y-Gate Scandal until July at the request of the Charlestown Land Trust.

Last night, Councilor Avedisian also made the statement that he expects that if any action is to be taken by Charlestown to buy a financial stake in Y-Gate that he expects it to go to the voters for specific approval.