Save Sandy Hook.org

press releases

October 17th, 2005

SAVE SANDY HOOK AND CLEARWATER
ATTACK GOVERNMENT FLIP-FLOP

October 11, 2005 -

In response to the Federal Government's attempt to deprive local citizens of their day in court to challenge the privatization of Sandy Hook, on October 7, 2005 Save Sandy Hook and Clearwater filed legal briefs attacking the National Park Service's tactics.

Save Sandy Hook, a grassroots organization representing thousands of local residents and users of Sandy Hook, filed suit in the Federal District Court on December 1, 2004 to invalidate the purported lease of 36 historic structures by the NPS to developer James Wassel and his organization, Sandy Hook Partners.

In August 2005, Clearwater sought to join that litigation as a plaintiff representing its interests as an environmental organization, an organization that rented property in the historic Fort Hancock district, and as an organization whose proposal to lease property pursuant to the Government's Request for Proposals ("RFP") was rejected.

The Government refused to consent to the addition of Clearwater as a plaintiff, and then filed a motion seeking to dismiss Save Sandy Hook and Clearwater's litigation.

"This is yet another attempt to evade independent scrutiny of a poorly-documented, predetermined process that led to a sweetheart deal for Sandy Hook Partners," said Paul Josephson, lawyer for the environmental groups. "The Government claims this litigation belongs in another court house because it is a procurement dispute and that users of Sandy Hook aren't injured."

"The Government's position is outrageous. The NPS Inspector General and the Congressional General Accounting Office rejected earlier procurement-based challenges specifically because the NPS claimed this was not a procurement matter, and therefore the lease was not subject to procurement rules."

"By taking that "non-procurement" position, the Government was able to avoid administrative review. Now they seek to reverse course to evade judicial review as well.

The Government's flip-flop smacks of the same result-driven reasoning that infected virtually all the decisions made during the RFP and leasing process.

It's precisely this sort of junk reasoning that caused this suit to be filed in the first place, and why we're confident Mr. Wassel's plan will not withstand scrutiny by an independent judiciary."

"Equally ridiculous," said Josephson, "is the Government's argument that Save Sandy Hook and Clearwater - whose members include thousands of park users -- have not been injured by the decision to privatize a large portion of Sandy Hook and therefore do not have legal standing to challenge the RFP and lease process. Clearly, Save Sandy Hook and Clearwater - and the thousands of users they represent -- will be injured if Sandy Hook Partners proceeds to privatize, especially under this ill-conceived and economically untenable plan."

The general public's use and enjoyment of Sandy Hook's natural, historic and scenic resources will be harmed by the crass commercial development authorized by the purported 60-year lease.

Save Sandy Hook and Clearwater are confident that they will prevail against the Government's flip-flopping attempt to foreclose judicial review of their actions. Save Sandy Hook and Clearwater remain committed to the litigation commenced in the Federal Court. "Ultimately, we believe this litigation will result in the cancellation of Wassel's lease," said Josephson.

The matter is pending in Federal District Court and expected to be decided in mid-November.

Contact: Paul P. Josephson, Esq., 609-734-6319

Press Releases :

November 13th, 2008

Save Sandy Hook will continue to figh...

...commercialization was never envisioned by the founders of the National Park Service