The U.S. Supreme Court has denied a petition by John and Susan Zarba. The Zarbas filed John Zarba, et ux., Petitioners v. Town of Oak Bluffs, Massachusetts, et al. following a pro se legal odyssey that began with a Superior Court win and a two-stage Land Court victory, and ended with a U.S. District Court dismissal and appellate dismissals.
In the Supreme Court petition, the Zarbas alleged they were subject to a conspiracy by town officials and others, and that their civil rights were violated. Central to the alleged conspiracy were a guesthouse and a driveway easement, and a laundry list of alleged wrongdoing by officials allegedly trying to manipulate the fate of both. Both the town and town counsel denied the allegations, and argued they were meritless. The highest court in the nation declined to review their petition on June 13.
We are not surprised that the U.S. Supreme Court did not choose to review the Zarba matter when the court receives over 8,000 petition per year and accepts only 70. We submitted this petition for 3 reasons. First, because the lower courts decision is wrong. This erroneous decision was based on intentional errors of fact and law that were presented to the court by the town, board and towns lawyers. Second, to educate the islanders with regard to the wasteful expenditures of town taxes with no benefit to the Town of Oak Bluffs. Finally, it is our hope that the island residents read the hyperlinked petition and conclude that it is time to consider changing town officials, board members and town counsel who have demonstrated an abuse of the towns tax dollars.
This matter began when we denied a neighbor an ‘unrestricted’ right over our 15 driveway easement. Over the next 5 years we endured: the denial of town water hook-up, complete revocation of a town issued building permit after the construction was complete and fully approved, denied parking privileges on our property, our town assessor map and tax valuations manipulated, the town installed a public street sign on our driveway, an “Agreement for Judgement” document which turned our driveway into a public street, 4 year denial of final occupancy permit, and a 53 day ousting.
The town tried to create zoning issues on our property where none existed. Six judges in two court venues ruled that our property was properly zoned and the driveway is private. The land court judge found the Towns’ survey was incorrect and provided strictly zoning relief. We have never been allowed a moment of discovery as to our Civil Right claims. The Federal District Court and U.S.Supreme Court filings were an attempt to be granted discovery and seek remedy.
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