April 28, 2011

Dear Cyndy,

Thank you for your letter. At about four o'clock this afternoon I returned from the hearing. I had slept very lightly the night before. The day was strenuous. Now I'm tired to an extent that I don't know whether I can compose an adequate chronicle of the days' events.

The surprise of the hearing was a new judge. The previous one, the lady whom I erroneously called Tompkins - her correct name is Hopkins had been replaced by Judge Macdonald, the gentleman whose ruling against me two years ago precipitated my appeal to the higher court. Although I did not recognize him, he identified himself by acknowledging that he had been over-ruled, and tried to save face by murmuring "I wondered how they would decide this case."

I opened my presentataion by saying, "Your Honor,  The inspection was held on March 14. I would forfeit my credibility if I volunteered a description of the Hearing. You wouldn't believe me. I will answer any questions you might have." But Judge Macdonald didn't want to know anything. He hadn't read the Appeals Court opinion, proposed to dismiss the case, send it back to Nantucket, have them make a new ruling that the plumbing should be destroyed, then have me appeal that ruling to the Board of State Examiners of Plumbers, to the Superior Court, to the Appeals Court,.... a process that would take several years.

Then I read to Judge Macdonald Footnote 13.  "FN13. The inspection of Meyer's work must be one of integrity and fairness.  A report of any deficiencies must have the substantiation of specific and detailed findings and reasoning. Any decision resting upon the inspection will remain subject to review by the Superior Court and appellate courts under the standards of the Administrative Procedure Act, G.L. c. 30A, § 14(7)(a )-(g )." Where is that? he asked. Footnote 13, I replied.

He changed his mind. He allowed Nantucket until June 10, to file the FN13 report. Thereupon I will have six days to plan my strategy and on June 16, there will be another status hearing at which the Court will rule on my proposals. Obviously, until I see the report, I won't know what I'm up against. When I spoke with Mr. Gordon tonight, he seemed to be getting cold feet about testifying for me; all the other plumbers on Nantucket are boycotting my project. Importing someone from the mainland to render an unbiased opinion might be awkward and expensive. I will have my work cut out for me.

Margaret and I hope to leave for Konnarock perhaps as early as Saturday, if we can get ready. We plan to stay until June 7th or 8th, then return for the hearing. What we'll be doing the rest of the summer, remains to be seen.

Stay well, and give my best to Ned.

Jochen

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