THE EVOLUTION OF JUDICIAL TYRANNY IN THE UNITED STATES:

"If the judges interpret the laws themselves, and suffer none else to interpret, they may easily make, of the laws, [a shredded] shipman's hose!" - King James I of England, around 1616.

“No class of the community ought to be allowed freer scope in the expression or publication of opinions as to the capacity, impartiality or integrity of judges than members of the bar. They have the best opportunities of observing and forming a correct judgment. They are in constant attendance on the courts. Hundreds of those who are called on to vote never enter a court-house, or if they do, it is only at intervals as jurors, witnesses or parties. To say that an attorney can only act or speak on this subject under liability to be called to account and to be deprived of his profession and livelihood by the very judge or judges whom he may consider it his duty to attack and expose, is a position too monstrous to be entertained for a moment under our present system,” Justice Sharwood in Ex Parte Steinman and Hensel, 95 Pa 220, 238-39 (1880).

“This case illustrates to me the serious consequences to the Bar itself of not affording the full protections of the First Amendment to its applicants for admission. For this record shows that [the rejected attorney candidate] has many of the qualities that are needed in the American Bar. It shows not only that [the rejected attorney candidate] has followed a high moral, ethical and patriotic course in all of the activities of his life, but also that he combines these more common virtues with the uncommon virtue of courage to stand by his principles at any cost.

It is such men as these who have most greatly honored the profession of the law. The legal profession will lose much of its nobility and its glory if it is not constantly replenished with lawyers like these. To force the Bar to become a group of thoroughly orthodox, time-serving, government-fearing individuals is to humiliate and degrade it.” In Re Anastaplo, 18 Ill. 2d 182, 163 N.E.2d 429 (1959), cert. granted, 362 U.S. 968 (1960), affirmed over strong dissent, 366 U.S. 82 (1961), Justice Black, Chief Justice Douglas and Justice Brennan, dissenting.

" I do not believe that the practice of law is a "privilege" which empowers Government to deny lawyers their constitutional rights. The mere fact that a lawyer has important responsibilities in society does not require or even permit the State to deprive him of those protections of freedom set out in the Bill of Rights for the precise purpose of insuring the independence of the individual against the Government and those acting for the Government”. Lathrop v Donohue, 367 US 820 (1961), Justice Black, dissenting.

"The legal profession must take great care not to emulate the many occupational groups that have managed to convert licensure from a sharp weapon of public defense into blunt instrument of self-enrichment". Walter Gellhorn, "The Abuse of Occupational Licensing", University of Chicago Law Review, Volume 44 Issue 1, September of 1976.

“Because the law requires that judges no matter how corrupt, who do not act in the clear absence of jurisdiction while performing a judicial act, are immune from suit, former Judge Ciavarella will escape liability for the vast majority of his conduct in this action. This is, to be sure, against the popular will, but it is the very oath which he is alleged to have so indecently, cavalierly, baselessly and willfully violated for personal gain that requires this Court to find him immune from suit”, District Judge A. Richard Caputo in H.T., et al, v. Ciavarella, Jr, et al, Case No. 3:09-cv-00286-ARC in the U.S. District Court for the Middle District of Pennsylvania, Document 336, page 18, November 20, 2009. This is about judges who were sentencing kids to juvenile detention for kickbacks.

Thursday, October 29, 2026

HAMDEN: THE BATTERY PROJECT, THE COUNTY LANDFILL, THE STINKING FOGS - AND YOUNG/SOMMER LLC — THE SAME LAW FIRM KEEPS TURNING UP!

I have just posted information from Fraser Storage, LLC's own Emergency Response Plan concerning the actual size of the proposed battery facility, its fire hazards, and the extraordinary limitations imposed upon firefighters responding to a battery fire.

AND VOILA, ANOTHER DISCOVERY.

The law firm representing Fraser Storage, LLC, the private developer seeking permission to construct this massive industrial battery facility - and the Town of Hamden whose (I will drop my comments) leadership agreed to be run by the developer through Young/Sommer LLC as Town Attorneys - apparently has a finger in every pie, and represents ALSO the County!

The same law firm also represents the Town of Hamden, is responsible for reviewing and potentially approving Fraser's application - and picking "independent" consultants to assess the safety of Fraser project.

On March 4, 2026, the Hamden Town Board approved a conflict-of-interest waiver allowing Young/Sommer to represent both the municipality and the developer.

BUT WAIT. YOUNG/SOMMER ALSO REPRESENTS DELAWARE COUNTY!

And Kevin M. Young, of that very firm, has been actively involved in the County's efforts to oppose additional environmental regulation of its landfill.

That stinking site that exudes whatever mostly at night in the hopes that - well, not many people live around, so they can just as well choke on the stink for all they care.

THE LANDFILL — AND THE FIGHT AGAINST ENVIRONMENTAL REGULATION

The Delaware County Solid Waste Management Center is located at 32230 State Highway 10, Walton, within a mile from our property in Hamden.

According to the County's own website, the landfill opened in 1977, received an expansion permit modification in 2021, and has approximately 60 years of remaining capacity.

It accepts municipal waste, construction and demolition debris, asbestos, contaminated soil, and certain industrial waste.

Our property is approximately one mile from the landfill.

We have experienced recurring noxious odors reaching our land, sometimes in overpowering concentrations.

We live in South Carolina now and want to sell our New York property in Hamden. BUTBUTBUTBUT: Who would want to purchase a scenic mountain property when some mornings you come out and choke on stinking fog from the landfill?

And now, with a planned Fraser BESS fire hazard, a disaster waiting to happen, within 5 wooded miles?

And what are our local governments doing about environmental protection?

FIGHTING ADDITIONAL REGULATION OF THE LANDFILL!

In August 2026, Delaware County opposed proposed NYSDEC requirements concerning landfill leachate, including PFAS and other potentially hazardous contaminants.

According to The Mountain Eagle, County Attorney Kevin M. Young participated in presenting the County's opposition. County officials argued that compliance could require approximately $50 MILLION in infrastructure improvements and potentially force closure of the landfill.

Then, on September 2, 2026, THE TOWN OF HAMDEN ADOPTED ITS OWN RESOLUTION OPPOSING THE PROPOSED REGULATIONS.

The landfill odors and the proposed leachate requirements concern different environmental pathways—air and water—but both matter to people who own property here.

AND NOW CONNECT THE DOTS

YOUNG/SOMMER LLC represents:

  1. FRASER STORAGE, LLC — the private developer seeking authorization for the industrial battery storage facility.

  2. THE TOWN OF HAMDEN — the municipality reviewing that very developer's application, which approved a conflict waiver allowing the concurrent representation.

  3. DELAWARE COUNTY — which has opposed additional landfill-leachate regulations, with Kevin Young participating in that opposition.

And Kevin Young has also represented Delaware County in negotiations concerning New York City's watershed regulations and the Filtration Avoidance Determination.

THE SAME LAW FIRM IS INVOLVED IN THE DEVELOPMENT, THE LOCAL REGULATORY REVIEW, THE COUNTY'S ENVIRONMENTAL POLICY, AND THE WATERSHED NEGOTIATIONS.

These overlapping representations are documented. Whether all of them are legally compatible—and what conflicts were disclosed and consented to—deserves examination.

AND WHAT ABOUT THE NEW YORK CITY WATERSHED?

For decades, economic development in the Catskills has been restricted in the name of protecting New York City's drinking-water supply.

Landowners have lived with those restrictions. Businesses and farmers have had to accommodate them.

New York City is permitted to supply water from its Catskill/Delaware system without filtration only under conditions requiring continuing watershed protection.

Yet now we have a proposed industrial battery storage facility in this region, a County opposing additional landfill-leachate controls, and a Town joining that opposition.

And the same law firm appears throughout these arrangements.

WHO IS PROTECTING THE PROPERTY OWNERS?

Who independently represents the Town when its attorney also represents the developer?

Who examines the cumulative environmental burdens on residents already affected by the County landfill?

Who ensures that the watershed protections historically imposed upon ordinary landowners are applied consistently to major industrial development?

And who decided that the same law firm should occupy so many positions in these overlapping matters?

THESE ARE PUBLIC QUESTIONS ABOUT PUBLIC DECISIONS, PUBLIC MONEY, AND PRIVATE PROPERTY RIGHTS.

The documents are available for everyone to examine.

SOURCES:

  • The Mountain Eagle, August 31, 2026: “New Regulations Could Force Early Landfill Closure, Officials Say.”

  • Delaware County Department of Public Works, September 2026 landfill-leachate regulatory opposition materials.

  • Hamden Town Board minutes, March 4 and September 2, 2026.

  • Hamden Planning Board minutes, July 28, 2026.

  • Young/Sommer LLC's published attorney biography and practice descriptions.

  • Delaware County Department of Public Works, Solid Waste Management Center information.

Hamden residents deserve independent representation, meaningful environmental review, and answers before another major industrial project proceeds.

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