Landfill suit goes to appeals court
Judge finds Pecci's lateness 'excusable neglect'
April 13, 2010
SOUTHBRIDGE — Despite filing her appeal request late, local attorney Kirstie Pecci will get her chance to take the anti-landfill case to the Mass. Appeals Court.
"Although plaintiff [Pecci] did not file her notice of appeal in a timely fashion, the court will allow [her] oral motion to enlarge time, finding it was excusable neglect," wrote Worcester Superior Court Judge Janet Kenton-Walker. "… In the interest of justice, the defendants' joint motion to strike is denied."
The judge noted Pecci mailed her paperwork on Jan. 15, the 30th day after Kenton-Walker issued her decision rejecting all of Pecci's arguments against the site assignment. Pecci's request reached the court clerk and was filed Jan. 19, "so the delay was not egregious," she added.
To Pecci, receiving that notice means juggling more late-night hours and children.
"I didn't know what was going to happen," she said. "I was happy; I thought [the chance] was 50-50."
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