A "Factum" is basically a summary of a party's arguments they intend to present. This one is from the District's lawyer, Royston.
Among the more glaring errors is the statement that the Town failed to deal with Pieper's application (they dealt with it -- they turned it down)
Much of this factum is consumed in making the developer's arguments. Very little has anything to do with defending the Lake System Health Plan or the Town's right to refuse to allow the OPA. In fact, he goes on to argue the original decision, comparing Dr. Robertson's expertise to that of District staff (remember, much of the Lake System Health Program that District staff are supposedly trying to implement is based on Dr. Robertson's work). He argues that the impact of other development (such as the Huronda expansion and development of existing approved lots) is irrelevant.
He winds up arguing that the LWRA appeal has no basis in law because we did not appeal soon enough and we participated in the review panel hearing without complaint or protest!
Now this is really a hoot for a couple of reasons. First of all, Pieper's lawyer actually missed the deadline (30 days) when submitting his original letter asking for the review in the first place. Burton didn't seem to have any objections to that. Second of all, while we only had 15 days to file our claim, we were clearly within the allotted time. As for participating without objection, Royston himself points out earlier (paragraph 41 to be precise) that we wrote to the Board and protested!
Self-consistency is obviously not his strong suit.