IN THE SUPERIOR COURT NORFOLK COUNTY COMMONWEALTH OF MASSACHUSETTS

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1 IN THE SUPERIOR COURT NORFOLK COUNTY COMMONWEALTH OF MASSACHUSETTS CHRISTOPHER KING, J.D. A/K/A KINGCAST AND MORTGAGE MOVIES JOURNAL No TH Avenue Shoreline, WA ) Plaintiff, CASE ) JUDGE v. ) CITY OF QUINCY AND JAMES S. TIMMINS, Esq. In his Individual and Official Capacities, 1305 Hancock St., Quincy, MA ) Defendants. ) ) ) SWORN COMPLAINT IN DECLARATORY JUDGMENT PER MGL PARTIES 1. Plaintiff has permitting and zoning experience in New England as a communications attorney who also worked for major press prior to law school. He was the first independent journalist to register with the SJC back in 2012 and has filmed all matter of civil and criminal trials in Massachusetts courtrooms and will continue to do so, including this very case. See Appendix A. 2. He is the investigative journalist who found Joanna Marinova her lawyers and they sued the Boston Herald for a $.9M settlement after a $.5M Jury Verdict. 1

2 Disgraced Suffolk County Register of Probate told him to fuck off after he noted deceit in her office. v=ganq7dlq3ls 4. Defendant City of Quincy was at all times a duly-chartered municipality in the Commonwealth of Massachusetts. 5. Defendant Timmins was at all times relevant to this Action the Quincy City Solicitor charged with administering Public Information Requests. He is being sued in his Individual and Professional Capacities as his conduct in this matter is patently ultra vires. JURISDICTION and VENUE 6. This is a Court of general jurisdiction fully vested with full authority to hear all Claims mounted herein. 7. Defendants Reside in, and work in Norfolk County, Massachusetts. 8. The misconduct giving rise to this Action occurred in Norfolk County, Massachusetts. FACTS 9. This is a simple matter but the corrupt City of Quincy is making it very complicated. 10. The City have refused James Berlo a build permit for the past three (3) years on his home, which is located on a shoreline with beautiful views. 11. Defendant LaForest failed to send Mr. Berlo an from FEMA Director Jeb Killion to her, that explained that Mr. Berlo does not have to have insurance because he owns his own home outright and he is not in a velocity zone. Appendix B. 2

3 12. Margaret LaForest knows as much and she told the general populous that much in a letter dated but yet she told Plaintiff a different story as once can see in movies #1 and #2 in para 18 and at Appendix B. 13. Further, they have refused to provide Plaintiff any updates to his Public Records Request when all he wanted was updates from 1 September, 2015 to 20 October, Plaintiff has substantial permitting and zoning experience in Texas, Pennsylvania, Ohio, Virginia and New England as a communications attorney who also worked for major press prior to law school. 15. Nonetheless, Defendant Timmins instructed staff on our about 13 October, 2015 I advise each and all of you not to respond to this man. Not certain where he is coming from, but let s see I will advise each of you if I hear from him again. James S. Timmins CITY SOLICITOR 1305 HANCOCK STREET QUINCY MA (617) FAX jtimmins@quincyma.gov 16. Which in turn predicated the following response from Plaintiff, who has already been crystal clear as to where he was coming from On Oct 14, 2015, at 03:13 PM, Christopher King <kingcast955@icloud.com> wrote: Dear Attorney Timmins: Let me get this straight: You are advising your clients not to fully respond to a public records request? You may wind up being sued as well for that. 3

4 You want to know where I am coming from, well I am coming from a position that transparency and open government is the only government. That would be something not practiced by certain of your clients, who withheld crucial FEMA information from Mr. Burlo. And Mr. Fatseas answering without due diligence. If you want to know where I am coming from then listen up. 4

5 Very Truly Yours, CHRISTOPHER KING, J.D m f 17. Since that time, on or about 19 October, 2015 Defendant Timmins willfully violated the Statute, in an action that is at once clearly ultra vires and arbitrary and capricious in nature, by demonstrating his contempt for the Statute:1.Here is my response to your , to the extent a response is warranted: The material you want from Jay Duca will cost a total of $ A check payable to the city of Quincy should be mailed or delivered to Jay Duca, Quincy Building Department, 55 Sea Street, Quincy MA 02169; and he will then produce the requested copies. 1 For more proof of this assertion see further his attitude in condemning Mr. Berlo in Appendix C without ever even discussing the matter with him. 5

6 I will not be providing any updates on any matters.. (emphasis added in case the Court can t smell how foul this is to start with, see generally Worcester Telegram & Gazette Corp. v. Chief of Police of Worcester, 436 Mass. 378 (2002)) 18. Timmins has conducted his own research on Mr. Berlo and determined that he would just go away and that the clatter would die down. He further took it upon himself to conduct his own Google search of Mr. Berlo without ever contacting Berlo to get his side of the story mind you and determined that Mr. Berlo was properly found to have an illegal narcotic in his system while opining that Mr. Berlo s inquiry was beyond the pale. See Appendix C. 6

7 19. In response to the allegations of Defendant Timmins, Mr. Berlo claims that he did make a call regarding whether or not it was legal for certain staff members to hold multiple positions in different municipalities and he was told by an ethics administrator that it was not. Further, he and Plaintiff have noted that even if it were actually true that he was on an unauthorized narcotic when he sustained a work-related injury, it would not have any bearing on his build permit: He claims that he could not even obtain a dumpster at the residence at the inception, which is ridiculous, and he claims further that despite the allegations in Appendix C, he did in fact permit full documentation excepting the elevation documentation because it simply is not needed because he owns his property in full, and he is not in a velocity zone and the proper evaluation is market value, see para Timmons claimed to have been overseeing and advising the whole permitting process, which would include the deliberate miscalculation that Margaret LaForest and Jay Duca and others used when calculating whether Mr. Berlo s property was subject to FEMA regulations. They used appraisal value when it is clearly MARKET VALUE: 7

8 21. Lastly, as to the Public Records request that is allegedly complete, Mr. Berlo, on behalf of Plaintiff, dropped off the money on or about 19 October, 2015 with Inspection Director Jay Duca but did not receive an opportunity to actually retrieve the documents until 26 October, when Plaintiff was compelled to send yet another threatening seen at Appendix D. ******* The relevant online links are here: First video: Second video: And the most recent s are seen below as Appendix D. 8

9 CLAIMS 1.Willful violation of MGL 66 10, for refusing to provide all documents from 1 September, 2015 to 20 October, DEMAND 1. Immediate Declaratory Judgment that the Defendants individually and collectively violated the Statute by refusing to provide information up to and including 20 October, Injunctive relief against any and all further such failures to provide information pursuant to Statute: When a document is requested, the government has to produce it unless the demands or clearly onerous. Plaintiff s Demands are clearly NOT onerous. 3. Assessment of all Costs against Defendants for willful derogation of Law. 4. Punitive Damages in an amount and degree commensurate with the wrong. CERTIFICATION The foregoing Complaint is true and accurate to the best of Plaintiff s recollection and belief. NOTARY PUBLIC My Commission Expires Respectfully submitted Christopher King, J.D. a/k/a KingCast/Mortgage Movies Journal 9

10 APPENDIX A 10

11 APPENDIX B 11

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13 13

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15 APPENDIX C 15

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17 17

18 APPENDIX D On Oct 19, 2015, at 06:56 AM, Jim Timmins <jtimmins@quincyma.gov> wrote: Here is my response to your , to the extent a response is warranted: 18

19 The material you want from Jay Duca will cost a total of $ A check payable to the city of Quincy should be mailed or delivered to Jay Duca, Quincy Building Department, 55 Sea Street, Quincy MA 02169; and he will then produce the requested copies. I will not be providing any updates on any matters. Ms Powers sent to me, and I sent to you, documents attached to a September 21 , sent at 5:04 PM to you. I don t know anything about the documents we are merely producing what you asked for, and it is really up to you to sort through things. I never directed anyone not to respond to a public records request. I told city officials who have been receiving s from you for months not to respond any further, and indicated I will deal with you. I copied Berlo (who is the campo address) because you are asking about his permits. I have no idea what you are after or why if you need something, ask for it, and we will send it along. If you want to file litigation, do so Several of the officials you indicate did not respond to you did in fact respond you should check that, and I will as well. If anyone did not respond to the initial request I will ask them to do so. Please deal with Jay directly on the document request, as that will be most expeditious. James S. Timmins CITY SOLICITOR 1305 HANCOCK STREET QUINCY MA (617) FAX jtimmins@quincyma.gov ********** 19

20 On Oct 19, 2015, at 08:07 AM, Christopher King wrote: Dear Attorney Timmins: Don't get salty with me: I can assure you, a response is warranted. We discussed this matter at length at this weekend's Tea Party Open Government Training Day, at which I presented on other matters. (this video is processing and should be available by 11:30 EST today) Further, litigation is indeed necessary now because you refuse to provide an update, and my request for such an update was clearly reasonable in light of the fact that your clients have, on prior occasion, refused to provide crucial information from FEMA to Mr. Berlo. It is also warranted because Mr. Berlo told me he has recently sent s to your clients so don't try to shirk your client's responsibilities under the Law. So yes even if I give your prior the best construction possible, your current admonition that you will not be providing any updates runs afoul of the Law. I'm on my public information requests and I feel that percentage will increase in my favor with this litigation that you have now made necessary. So I am going to ask you one more time to have your clients provide updated responses to today's date of 19 October, 2015 before I submit this chain as an exhibit in a Declaratory Judgment Action under the Statute. And if you are still confused about what it is I want, it is the complete chain of correspondence related to Mr. Berlo's attempts to permit his property. I don't want litigation, I just want facts. And if Mr. Berlo asks for an update to today's date you owe him one as well. In fact, he told me he is going to do just that. So you can't give him one and not give me one. I'm trying to help you out so you and your clients don't incur liability over this; you can thank me later. So you check the responses to me and I will check the incoming s to me so that the facts are absolutely clear in the Complaint. Perhaps Ms. Mahoney will be called as a witness as to her perception of this entire exchange. Impeach her at your own peril. As to what your clients will do with Jeb Killion and his should Mr. Berlo's attorney sue your client, well I look forward to seeing that. I told you before: I'm not here to mess around. Very Truly Yours, CHRISTOPHER KING, J.D. 20

21 m f ******** 26 October to Attorney Timmins et al. Dear Attorney Timmins: I see you are apparently standing your ground on not providing any of the sought materials since September 1, Suit yourself, pun fully intended. I look forward to flying out there to run video when we have our first court hearing, as well as Mr. Berlo's litigation. Stay tuned for the lawsuit you'll have a copy of this in a day or two and then it will be filed. Because as I told you before, I'm not here to, ummmm, play around. Just ask the Boston Herald after I found Joanna Marinova her Counsel. Herald. lawyers said they liked my blog. It's all in the video but below I've got it closedcaptioned for the hearing impaired Also, it has been a week or so since Mr. Berlo tendered his monies for the first Public Information Request. He still doesn't have anything from Jay Duca. Ciao. CHRISTOPHER KING, J.D. kingcast955@icloud.com mortgagemovies007@gmail.com m f 21