The second part of attorney John Nelson’s rebuttal on behalf of Grafton Township Supervisor Linda Moore concerns the “unclean hands” concept.
He even says the Trustee’s law firm engaged in “misconduct.”
“It must be pointed out that much, if not all, of the complaints lodged against Supervisor Moore occurred after the Defendants wrongfully and physically removed her from her office.”
Nelson points out,
“There is no legal authority for the forcible removal of Supervisor Moore from her offices and there is no excuse.”
He says it
“was a naked attempt by the Grafton Township Board of Trustees to take over the duties of the supervisor. Unfortunately, this action was at the least exacerbated by the township attorney.
“A fair reading of the evidence would be these activities were orchestrated by the township attorney.
“These actions constitute misconduct.”
Explaining the doctrine of “unclean hands,” Nelson quotes a 1977 court case (Metalfr v. Altenritter):
“It is a fundamental rule that one seeking equitable relief cannot take advantage of his own wrong, or as otherwise stated, he who comes into equity must come with clean hands.”
“The Defendants cannot be allowed to profit from their misconduct in forcibly removing Supervisor Moore from her offices without authority.
“Might does not make right.”