PAWLET — The ongoing saga of Daniel Banyai and the town of Pawlet continued this week after Banyai’s lawyer, Robert Kaplan, filed the latest in a string of appeals — this time to the Second Circuit of the United States Court of Appeals.
The notice of appeal names Banyai as the plaintiff, and the Town of Pawlet, several unnamed individuals, and the judge who decided the original case, Thomas S. Durkin, as defendants. An appeal to the Vermont Supreme Court in August was turned down, a decision that is also now being appealed to the federal court, as well as a District Court’s civil judgment against Banyai.
On June 6, Vermont Superior Judge Durkin ordered the arrest of Banyai, the owner of the paramilitary training facility called Slate Ridge. Durkin of the Environmental Division found that Banyai was in contempt of a March 2021 court order that required him to remove unpermitted buildings on his property. According to the ruling, Banyai also owes fines totaling over $100,000, plus an additional $200 per day starting from June 2 until he brings the property into compliance with court orders.
“This is his tactic – delay, delay, delay – thinking that eventually he’ll get away with it. He probably will, unfortunately," said John Davis, one of Banyai’s direct neighbors.
This latest appeal is one of a string of legal maneuvers that Banyai and his legal team have used to facilitate a reversal of the court’s decision to disband the illegal paramilitary facility known as Slate Ridge from his property. Banyai has refused to fully follow the court’s order and allow town representatives to inspect any work.
In July, Banyai filed a motion asking the judge to rescind his arrest warrant and dismiss the accumulated fines. He included photos allegedly showing several of the facilities being removed from the property. That motion was denied. An appeal of that decision to the Vermont Supreme Court was also rejected. In a one-page notice, the Supreme Court told Banyai they would not look at the case. The newest filing is an appeal of the Supreme Court's refusal to hear that case.
If Banyai’s latest appeal is unsuccessful, the only step he has left would be an appeal to the United States Supreme Court. A 60-day order for his arrest, which expired this week, is still unfulfilled by law enforcement.
