Court upholds citation, chastises SIST attorney

The Shawano Leader, Wisconsin/February 10, 2011

A state appellate court Tuesday upheld a municipal citation issued nearly three years ago against an agent for a Shawano hotel owned by a subsidiary of the Samanta Roy Institute of Science and Technology.

The Third District Court of Appeals ruled that Darlene Sense "clearly denied access" to Shawano police officers who wanted to enter the bar in the former Best Western hotel to perform a compliance check on May 10, 2008. The hotel, which is owned by SIST subsidiary Midwest Hotels and Motels, is now the Kiryat.

The court rejected several grounds for appeal offered by Sense, including her arguments that she was cited for an action not covered by the city’s ordinance and that there was insufficient proof she violated the ordinance.

The court also criticized Sense and her attorney, Rebekah Nett, for "brazen assertions" that the Best Western and SIST were being targeted by Shawano Mayor Lorna Marquardt and other local officials because the president of SIST, Avraham Cohen, is of East Indian descent.

The court wrote that Sense had provided no proof of the allegations "presumably because they are completely unsupported by the record."

The court also sanctioned Nett, stating in a footnote that Sense should have been advised against making such allegations, and ordered Nett to pay $200 to the clerk of court.

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