A superior court judge has ruled that a lawsuit against the Martha’s Vineyard Airport Commission by a former airport employee who claims she was wrongfully terminated from her job can go forward.
The Hon. Richard Chin, associate justice of the superior court, heard arguments last week in two lawsuits brought by Beth Tessmer, who claims she was unfairly treated during a disciplinary hearing and that the airport commission violated the Massachusetts Administrative Procedure Act.
Airport commission attorney Susan Whalen asked for the complaints to be dismissed, arguing that Ms. Tessmer had not exhausted administrative remedies and that the plaintiff’s complaint was “an incoherent rant” that is “rife with errors.”
On Oct. 9, Judge Chin denied motions to dismiss the two cases. Judge Chin said he found that dismissal is not appropriate in one case, and in the other, “the court finds that the plaintiff has exhausted her administrative remedies.”
The judge did find that one of the complaints was “verbose and confusing and is subject to dismissal,” ordering the plaintiff to file an amended complaint within 30 days. If that does not happen, the court will consider dismissal with prejudice.
Judge Chin also heard arguments last week in an ongoing dispute between the airport commission and the Dukes County Commission about who has ultimate control over the airport. He took that matter under advisement and had not issued a decision by Thursday afternoon.
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