We received a motion for Summary Judgment today from the Boston City Council in which they plead guilty to the 10 remaining counts of the McCrea v. Flaherty and Boston City Council case. They were previously found guilty by the Superior Court on 11 Counts. The City Council appealed that decision to the Appeals Court where they argued that they weren't given enough chance to present factual evidence. The appeals court found them guilty on 1 count and remanded the other 10 back to the Superior Court. Now, 6 months later under a court deadline they have refused to turn over any further factual evidence, and have just moved for the Court to find them in violation for the remaining 10 Counts of illegally meeting with the BRA and others in violation of the Open Meeting Law.
They have spent somewhere between $100,000 and $200,000 plus on this, and the clock is still ticking with their outside lawyers.
A transcription of some of the PDF they sent is here:
Defendants Motion for Summary Judgment
Pursuant to MassRuleCP. 56, the defendants, Boston City Council,hereby move the court to enter judgment as follows:
1) Against the Defendants, inasmuch as the Complaint, as amended, alleges violation of the Open Meeting Law on 9 specific occasions June 3, 2003....
2) Against the Defendants in regard to notice provisions in regard to a council session of December 15, 2004;