Saturday, May 19, 2007 -- Weekend Edition -- Sunday, May 20, 2007
Handy lawyer files motion alleging contempt of court
By RICK BURNHAM
Messenger Staff Writer
BURLINGTON - A Chittenden County administrative judge has denied a motion by the Town of Fairfax to disqualify a fellow judge on allegations that he was biased in ruling against the town in its well-publicized case against developer Gabe Handy.
Judge Amy Marie Davenport ruled Thursday that there was no evidence to suggest that Chittenden County Superior Court Judge Matthew Katz was biased when he ordered the town to install water meters and turn on the water in a 47-unit senior housing complex April 14.
Davenport issued a similar decision Feb. 21, ruling that Katz was not biased when he ruled against Fairfax in a December decision.
The two sides have butted heads in Franklin County court as well. Franklin Superior Court Judge Alden Bryan denied requests from both sides May 11 regarding town charges that Handy stole water at the complex, which sits just to the west of Route 104 in Fairfax.
Handy attorney John Franco, of Burlington, said Friday he suspects his client to be back in court soon, having filed a request for a contempt of court finding against Fairfax, stemming from the town's failure to follow Katz directions to install water meters in the complex, and turn the water on.
Franco's motion alleges that Fairfax has yet to even order the meters for installation in the housing complex.[/b]
