<p>The senior Mr. Hall was jailed briefly Friday and released later the same day after money was paid to settle a court dispute that dates back for 13 years.</p>
Benjamin (Buzzy) Hall Sr. was led out of the Edgartown courthouse in handcuffs and leg restraints Friday after a superior court judge found him in contempt of court and ordered him to jail for 90 days. A few hours later Mr. Hall was released from jail after a check was delivered to settle the dispute.
Dukes County Sheriff Michael McCormack confirmed on Saturday morning that Mr. Hall had been released at about 5:15 p.m. Friday, and that money had been paid. Daniel Larkosh, attorney for the camp meeting association which is owed money in the case, said he had not seen the check but was told it had been delivered.
Ben Hall Jr., the attorney representing the family, argued unsuccessfully before the judge.
Ben Hall Jr., the attorney representing the family, argued unsuccessfully before the judge.
“I don’t like to do what I’m about to do. I really do not,” the judge said. “Lucky 7 was ordered to pay. You openly defied that order. Plain and simple. You just decided you weren’t going to pay it.” He continued:
“Why he intends to test the resolve of this court, I don’t know. He may purge himself of contempt by paying the money.”
A court officer stepped forward immediately and placed Mr. Hall in custody by handcuffing his wrists behind his back.
Earlier in the brief hearing, as Ben Hall Jr. argued that Lucky 7 had no assets and no ability to pay, Judge Moriarty, interrupted him.
“Stop,” the judge said. “The reason Lucky 7 doesn’t have any funds is because you set the trust up that way so it wouldn’t have any funds. This argument that Lucky 7 doesn’t have any funds is due to the fact that you made a blatant attempt to defraud its creditors. So stop it.”
The Hon. C.J Moriarty: “I don’t like to do what I’m about to do. I really do not."
The Hon. C.J Moriarty: “I don’t like to do what I’m about to do. I really do not."
The dramatic courtroom scene was the culmination of years of legal skirmishing stemming from a dispute between two Oak Bluffs business owners.
It began in 2002 when the senior Mr. Hall, acting through the family trust Seagate, sued a Chinese restaurant in Oak Bluffs which he claimed had installed an exhaust fan that caused kitchen fumes to blow into the Hall family-owned Island Theater during movie showings. Mr. Hall also sued the Martha’s Vineyard Camp Meeting Association, which leased the land where the restaurant was located to restaurant operator Pauline Gregory.
Mr. Hall and Ms. Gregory agreed to settle part of the lawsuit out of court in 2011; as part of the settlement Ms. Gregory agreed to pay the Hall family $17,400.
The portion of the complaint involving the camp meeting association hinged in part on disputed ownership of a one-foot strip of land between the theatre and restaurant building. The superior court decided the case in favor of the camp meeting association in 2010. The senior Mr. Hall, represented by his son, appealed. The appeal took most of three years, and in the end the appellate court ruled against Mr. Hall, upholding the lower court.
The appellate court ordered the senior Mr. Hall to pay the camp meeting association $38,385, to reimburse it for money spent on attorney fees and court costs, under a superior court rule concerning frivolous appeals.
When Mr. Hall refused to pay the judgment, Mr. Larkosh, the attorney who has represented the camp meeting association since the beginning of the case, filed a complaint of contempt in Dukes County superior court. Adjudicating that complaint took more than 18 months. Most recently, following several hearings, motions and witness testimony, Judge Moriarty issued a stern decision ordering the senior Mr. Hall to pay the judgment from the appeal, along with an additional $42,007 for attorney fees and court costs the camp meeting association incurred during the contempt hearing. The two judgments total $80,392.
The judge had ordered Mr. Hall to deliver a certified check to the association by 2 p.m. on Friday or appear in court to explain why.
The judge had warned that “this court is prepared to utilize all measures at its disposal to ensure compliance with the orders of the court.”
He also had sharp words for a series of legal maneuvers involving the Hall family trusts, noting that nine minutes after the start of the contempt trial, the Hall family initiated a series of trust-to-trust transfers and loans. The Hall family has extensive commercial real estate holdings which span the three down-Island towns.
“Hall maintains that his failure to pay the order of the appeals court is due to the fact that Lucky 7 has no funds from which to pay,” Judge Moriarty said, referring the family trust that was part of the lawsuit. “This court is not so persuaded. Since the date of the order of the appeals court, Lucky 7 has had ample income and assets with which to pay, but simply has refused to do so. The real reason for his non-payment, as demonstrated by his sworn testimony, rests with his personal antipathy toward the [camp meeting association] counsel. As a result, he has engaged in a shell game in order to put Lucky 7’s assets beyond the reach of his creditors.”
Mr. Larkosh said Saturday he was satisfied with the outcome.
“Personally, I'm happy Mr. Hall is not in jail. It was certainly never my intention to have him in jail. My clients just wanted to be paid for spending money on this frivolous lawsuit,” he said.
Comments
This reminds me very much of
Mason Buddy Marblehead/VHThis reminds me very much of those glorious days of yesteryear when as a reporter I covered the police detail for a Paris daily back in the early 1800's. We had this guy by the name of Napolean, nicknamed Nappy by all. Well Nappy got himself into some trouble with the Russians at a small town by the name of Waterloo. Nappy fled back to Paris in disgrace and was ultimately exiled to the island of Elba. And as you'll recall, Nappy escaped, was recaptured and exiled once again to St. Helena where he died. Brings me to wonder if Judge Moriarty couldn't take a page from history and perhaps exile Buzzy to, say, Nantucket?
Now there's an idea, Mason
Sara Crafts Oak BluffsNow there's an idea, Mason Buddy. Not so many years ago (well, in the last 45), judges used to routinely dump miscreant off-Islanders back to America as part of sentencing. I think that practice was discontinued when the legality of it was, um, questioned. No, the Halls' family lawyer will just file yet another appeal and this case will go on forever, along with the glacial speed of the repair on the Island theater in OB. And then there's the building in the middle of Edgartown which will surely fall down before it's renovated. The Halls, whatever their other values to our community, apparently have no trouble sleeping with their various real estate shenanigans. Sad for the rest of us.
Sara - I was once told that
Ned Menoyo LA/ChappySara - I was once told that someone "run off the Island" (who I am sure deserved it mightily) -- I used to wonder how that came about. Now I know, thanks!
The Hall family is an
Phillip McCavitry Oak BluffsThe Hall family is an embarrassment to the island. It seems 2 months can't go by without another article detailing their sorted affairs ends up on the front page.
Pity but it appears
gina menemsha/nycPity but it appears consistent with the Halls notorious Business Model.. What a waste & abuse of our court systems..
The Halls should not have to
Ish North CarolinaThe Halls should not have to put up with this public ridicule. I am sure the Newspapers can find something else much more important to the Vineyard Community. What they have done for the island over the years should be recognized. They are good people but it seems like someone with a pen has an ax to grind.
What family are you talking
Steve JenkinsonWhat family are you talking about? Yes, their rundown buildings and properties being eyesores and nuisances is really doing wonders for the Island. Such pillars of the community.
I disagree. Moving money
Katharine vineyard HavenI disagree. Moving money between family trusts has been proven. Their assets ie property are massive. They were proven to be nefarious landlords when their substandard house burned down leaving more than 10 undocumented adults- who slept in shifts- and, I believe paid the Hall family per person- with no shelter.
They used to own the Edgartown water company which provided non drinkable water and charged based on how many outlets you have. They have knowingly allowed property to fall into disrepair. Rather than sell one or two pieces and fix the others- they have lowered the property values for their neighbors and provided hazardous conditions for our community.
I have no interest in the Hall family. No ax to grind. But, I am real tired of entitled people not behaving responsibly.
Lest we not forget the old
Christopher Kende New YorkLest we not forget the old movie theatre in Edgartown which burned down mysteriously in the 60's and the Hall's attempts to block any other movie theatre in Edgartown which they did not control.
Leaving buildings in
George Stein EdgartownLeaving buildings in disrepair in the midst of towns for perpetuity does not show respect to the community. Eminent domain could be an antidote.
Excuse me Ish, I must have
Farmer5 ChilmarkExcuse me Ish, I must have missed that. Could you please tell us what they've done for the Island community, besides subject three separate towns to their increasingly dilapidated properties and irrational behavior.
Dear Ish,
gina menemsha/nycDear Ish,
Perhaps you can enlighten the negative comment folks as to some recent positive actions the Hall family has contributed to the Vineyard Community.. I'm sure the Newspapers would appreciate a different story angle on them.. Please share your details/data..
Hall relatives in the
RD WTHall relatives in the Carolina's?
Nice of you to defend them
Thomas McDonaldNice of you to defend them can you please list their contributions and some examples of how they have contributed to the island over the years?
someone in NC is full of 'ish
skip obsomeone in NC is full of 'ish'...
A Massachusetts judge with
Amazed in OB OBA Massachusetts judge with backbone and integrity - right here on our quiet little island - who knew? Keep up the great work Judge Moriarty.
Judge Moriarty is my hero . I
Nathan Vineyard HavenJudge Moriarty is my hero . I know you grew up here Ish and the Halls are personable folks but they have had total disrespect for our community.
BRAVO to the judge! The Hall
Kathy K Edgartown (and Va)BRAVO to the judge! The Hall family is a disgrace (as well as their properties!)
I bet he is genuinely shocked
James Pi3 Edg/New HavenI bet he is genuinely shocked that his actions have consequences. He has demonstrated throughout his life that he though he was above that rule of life
Thank you Judge Moriarty for
Notnewhere edgThank you Judge Moriarty for doing the right thing. You gave him ample opportunity. I'd also like to extend a thanks of gratitude to our Board of Selectmen (I wish I remember who was elected then) who declined to approve his proposed theater in downtown Edgartown years ago. I can only imagine another eyesore equal to or exceeding that of the yellow house.
I can not understand how a
Bob EdgartownI can not understand how a son could let his elder father go to jail. Everything about this family is a puzzle with missing pieces. Great work Judge Moriarty to make the Hall's think twice of what they do. But will they think or continue to play a game?
This is the craziest aspect
FredThis is the craziest aspect of the case. When the cuffs went on... Buzzy Jr should have handed the judge the check for 80 Grand.
I certainly agree with that.
MB Oak BluffsI certainly agree with that. Having your elderly father locked in handcuffs and leg shackles for even one minute is simply not acceptable on every level. I wish Mr. Hall well.
Has the Hill House on the
Chapp Man EdgartownHas the Hill House on the Vineyard Haven Rd been leveled yet? What a rat trap. How many millions in rent has that brought in over the years. The EFD should burn it in a training excercise.
I have known these people all
Mike, Susan, Jen, Mikey jr. The VineyardI have known these people all my life growing up in Edgartown!
All I can say and hopefully I am expressing for ALL the people, young families with children and those hardship cases who were taken in by them throughout the years"Hallelujah, AMEN, Hallelujah"!
Each morning for the next 90 days my little family and I will know that our prayers have been answered and justice has finally prevailed on this island!
When I just showed my young daughter his picture and read her the story she was so excited one might have though she was told Santa Clause was coming! She always said “The mean man”.
Hows that “Lucky 7” working out for you now Ben & Ben?
We just hope that Ben Jr “who made a made a blatant attempt to defraud its creditors” will be having a hard boiled egg and a orange for breakfast, a plain baloney stale sandwich with watered down tea for lunch and a granola bar for dinner with his father immediately if not sooner for the next 90 days!
BTW, Ish, from North Carolina, (whoever the "H" you are) please reread my comments and understand that we lived what they have done to the island over the years and they ARE being recognized!
I briefly glanced and saw that there were a few comments already published so I purposely did not read any of the other comments as I wanted mine to be expressed completely from my family's personal experience with them.
After I submit my comments I will then read the others.
In closing "Hallelujah, AMEN, Hallelujah"!
Benjamin Hall Sr. is perp
William T. Langley Charlestown, RIBenjamin Hall Sr. is perp-walked out of court in cuffs and leg irons (!) over a little bit of money. But last November, Messrs. Peterson and Baptiste, with a neck wound and a 25 inch slash in a jacket as physical evidence, were declared not guilty of multiple, serious assault related charges and set free. You continue to exhibit a fascinating justice system out there on the Rock.
William T. Langley: Peterson
Joe AquinnahWilliam T. Langley: Peterson and Baptiste were acquitted because the case was based on the ever changing word of the Cray brothers, who were the ones who should have been charged. The Cray brothers relationship to the truth is the same as the Hall Family's relationship to both the truth and carpenters: non-existent.
if a court orders you to pay,
GOOD NOWHEREif a court orders you to pay, then you pay. Easy as that.....
He's already out. Saw him and
Mark EdgartownHe's already out. Saw him and Brian around 6 P.M. Must have paid the fiddler.
Yes he probably came up with
concerned tisburyYes he probably came up with the money they sent have. Lol. What's wrong with that family? Owns tons of land, sell a piece and stop thinking u r above the law. Moving monies and holdings around, Ben Jr. Should be in jail since he's the one that's hiding the money. Jr. Filed for bankruptcy, another kick in the teeth to the intelligence of our community.
Birds of a feather flock
John Gault Oak BluffsBirds of a feather flock together, all those that have supported this person and restoring his properties in my opinion in are no better than him and his abuse of our public trust.
Conversation between angry
Humorist MVConversation between angry wife and hooligan husband this coming Monday morning on the jailhouse steps:
Wife: "honey you have got to stop picking fights at the bar. I can't afford to keep bailing you out like this"
Husband: "Sorry babe, I know I got anger management issues. Look on the bright side. I had a conversation with our landlord. Our furnace is getting fixed, the exterminator is coming, and we get free rent for the rest of the year."
I sure hope this sets a
Elsie EdgartownI sure hope this sets a precedent for the court to halt the Hall family's tradition of lengthy court battles. The town of Edgartown has spent way too much of our tax money battling them. Good for the judge for calling their bluff of 'no assets'.
The judge is clearly wrong in
J C Murphy West TisburyThe judge is clearly wrong in his decision to put Ben Hall in Jail. He is making up his own law because he has a big ego similar to other officials on the island. We do not have a debtor's prison in this country. Also Mr. Hall has the right of appeal to a higher appellate court which has been done, yet the judge prejudicially overruled John Quincy Adams wording in the State Constitution, because Mr. Hall is in fact simply following the letter of the law. I appealed to a higher Court and beat Attorney Rappaport and won, and have every intention to file for damages which I hope Mr. Hall will do, but the damages could not be financial, rather the judge should be removed from the Bench.
This isn't about debtor's
Chris L. Boston (West Tisbury)This isn't about debtor's prison, where poor people were sent to a work camps simply because they were poor and couldn't pay their creditors. Quite the opposite: this is about rich people attempting to profit from abuse the legal system with a frivolous case. When they eventually lose, they are so psychologically incapable of facing that fact that they simply choose to ignore the verdict, expecting others to assume the costs incurred by the mess of unnecessary litigation that they themselves initiated and drew out over the course of 12 years so far. That is why the elder was cuffed and sent to jail: to make clear that they are both capable of paying and thus are obligated to do so, and that showing one's contempt of court by not meeting one's financial obligations, lying under oath and other devious and unethical legal tactics such as stalling or misrepresentation of facts cannot be tolerated.
With that in mind, I have to say that found it a bit ironic when you stated that you too would file for damages, because it would be pretty difficult or outright impossible to compel anyone to pay up in the fantasy legal and societal model you present here. Imagine a legal system in which entitled people can simply not pay the debts and damages to others, but can simply file another appeal to draw out the process indefinitely. As this case shows, reality may still catch up with such people sooner or later, even the most delusional among us. Out of jail was the easy part; getting a grip may well be the real challenge.
JC, it's too bad you never
George Thomas West TisburyJC, it's too bad you never went to law school because you might have learned that "following the letter of the law" has nothing to do with a transfer of assets to evade creditors. And by the way, the principal author of the Massachusetts Constitution was not John Quincy Adams; it was his father, John Adams. Rather than having the judge removed from the bench, maybe we can have you removed from this debate until you get your facts straight.
Finally, you are correct for
J C Murphy West Tisbury, MAFinally, you are correct for once. I am forgetful of the full names you practice in Trivial Pursuit. I only knew the son and get him mixed up with the father sometimes. My usual discipline is economics although I have had a few courses in corporate law. However, I have been in court more than most non trial attorneys such as yourself. You can also have fun on that one.
Regardless, the Halls have another right of appeal available with regard to contempt. Your facts are not correct and I do believe you have lost your fast ball. You're like Hillary, and quite cute with the legal sophistry. I think you should do your homework. I know you didn't go to a good law school, but I always thought you were a good student.
Regardless, you don’t injure with prejudice, lies, and battery the well- being of others because you disagree, which you and all the other communitarians are allowed to do with the exception of assault. I think Quincy's father said something like that, as Thomas Jefferson said Peace is that one moment when people stop to reload. Regardless, unadulterated sophistry will allow you to attack the Halls and it relieves your guilt by blaming someone like the Halls. However, you and the other commentaries are beyond the rational of civility, logic and common sense. My humble opinion is that you don’t understand the mathematics of economics as a science nor the consequences of excessive spending. The Halls unlike yourself are of the working wealthy. They are not part of the hedge fund Wall Street crowd that avoids taxes because of the corrupt tax code which I know you are acquainted. My humble opinion is that you don’t understand the mathematics of economics as a science nor the consequences of excessive spending. I suggest you read Rostow’s Theory on economic growth, and understand that there will always be the downtrodden and those landlords that handle the grizzle of it. You would be incapable of handling that unavoidable circumstance in economic reality. George, that's why they make the big bucks. Envy is okay but jealousy is not good.
Ripped from a soap opera.
Lynne Brook EdgartownRipped from a soap opera.
Son the lawyer & old man father winds up in jail.
What were they thinking?
Will he sue son for malpractice?
Will he attempt a break out and hole up at the old bookstore?
Buzzy, you need to fire your
Farmer5 ChilmarkBuzzy, you need to fire your lawyer. Oh, wait....
Again, "The apple doesn't
Bob D. Oak Bluffs, MAAgain, "The apple doesn't fall far from the tree"!
Did you identify Mr. Larkorsh
Steve E Marshfield and (sometimes) AquinnahDid you identify Mr. Larkorsh as Mr. Hall's attorney in the second paragraph of this morning's update?
Thanks to the reader, the
EditorThanks to the reader, the story has been corrected.
The Halls have Island Value
Ish North CarolinaThe Halls have Island Value in their blood. Bottom Line. They earned their money over many years thru hard work and investments. They took risk when on things when others wouldn't and it has paid off for them. Anybody could have but didn't. Why can't people let it be instead of attacking a good "Island Name" trying to destroy it. You all may get you wish one day and drive people like them away and be stuck with all the dot commers and there ideas on how "The Island" should work. Then we'll see how you like it when you cant even afford to live there.
The current generation of
Bob EdgartownThe current generation of Hall's have lived off of what the previous generation has done. These are the ones we know to be bad stewards for the island. It is a common story that the second generation wastes away what the first has done. The Hall's have the ability to be real island stars but for some reason no desire. Let's hope this little drama will wake them up and I for one would love to see a leopard change his spots.
CH, they earned their money
malika washington OBCH, they earned their money 'the old fashioned way'- they inherited it when old man Alfred Hall passed away. He is the one who accumulated the vast real estate holdings on the Island. He would be rolling over in his grave if he saw what this generation has done to his legacy (and probably #1 on his list.. the missed rent roll!) Allowing strategically located properties to fall into disrepair is just a reason for those of us here to wonder what are they thinking? One summer's rent would more than renovate the dump. A few shining examples of their 'stewardship' would be the Oaks Bluff theaters (one renovated thanks to 'dot commers'and THEIR IDEAS of how things should work) that were willing to put up THEIR money, and the yellow house in Edgartown that is a disgrace to the town. If that's "Island Value", perhaps I'll move to NC.
I have the feeling that the H
Xu V ChilmarI have the feeling that the H in Ish stands for Hall.
What the have been doing since the 60's is buying up properties, charging ridiculous rents and never improving the properties.
A long and strange history of doing that has made them rich but not valued.
So he obviously lied under
Downislander Down islandSo he obviously lied under oath that he didn't have the money to pay. So isn't that a punishable crime?
Ish, North Carolina, you must
Wishful EdgartownIsh, North Carolina, you must be living so deep in the boonies of North Carolina drinking that home made Moonshine that you have completely lost your mind. I am totally amazed that you have internet connection way out there!
Maybe but I doubt it the island will get the wish one day to drive people like them away, I am sure they would fit in perfectly down there in the back-country and be your neighbor.
What is wrong with people.
Brenda OBWhat is wrong with people. Hitting elders refusing to pay a debt you put on someone else.
Time for Edgartown to take
Paulli D EdgartownTime for Edgartown to take the house on the corner in the middle of town by eminent domain. The slick willy Halls are playing a game with everyone on the island. Time for the people who they have stuck it to to stick it back to them.
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