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Other News May 16, 2007
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Sarvis sues the town
BY MARY LANCASTER INDEPENDENT WRITER
Amotions hearing in the civil case of Robert H. Sarvis vs. the Town of Nantucket et al. was held in Nantucket Superior Court on Monday afternoon with Judge Isaac Borenstein taking the matters under advisement and promising to deliver his decisions within a short period.

Sarvis brought a case against the town last year after he was fined a late fee for beginning excavation on a building site a day before he paid the $2,026 charge for a building permit. As a result of the excavation, Sarvis was fined a total of $8,026. He sought a waiver of the fine before the selectmen. When the selectmen upheld the fine Sarvis took his case to the state Building Code Appeals Board which favored his argument that the fine was excessive, and the $6,000 above the price of the permit was returned to him.

Nonetheless, Sarvis, who built the commercial and residential Commons in the mid-island during the late 1980s, is pursuing court action over what he calls constitutional issues the building appeals board could not address. He has named building inspector Bernie Bartlett and town counsels Paul DeRensis and Daniel Deutsch as defendants. In court Monday, Sarvis told the judge that not only did he view the late fee as unconstitutional, he asserted that the town counsels used their official positions to damage him, that he has been singled out and intentionally inflicted with emotional stress and that Bartlett conspired to commit fraud by altering documents after the building appeals board's hearing.

"They interfere with my business. They interfere with my reputation," Sarvis told the judge.

Boston attorneys Joseph Tehan, Jr., representing Bartlett, and Michael Cedrone representing DeRensis and Deutsch, were at Monday's session. Among other matters, Sarvis seeks a copy of what was said in conversations between Bartlett, DeRensis, Deutsch and the selectmen, though Cedrone argued that the information is subject to attorney/client privilege and seeks to have the cases against

the town counsels dropped. I