$15,441.00 Legal Bill To Deny Citizens’ Petitions
The Board of Selectmen of the Town of Marlborough received a $15,400.00 invoice click for copy from Murtha Cullino, LLP for legal services related to an opinion rendered on two petitions received by the BOS relative to the Sewer Project.
Town of Marlborough 26 North Main Street
P.O. Box 29 Marlborough, CT 06447Client: 388749 Marlborough, Town of
Matter: 388749-0001FOR PROFESSIONAL SERVICES RENDERED through August 31,2009 in connection with petitions submitted to replace benefit assessments with Town wide tax levy to pay for project, including research of law, confer with Town officials, and rendering legal opinion regarding same, consisting of 59.9 hours.
Legal Fees: $ 15,441.00
Total Amount Due: $ 15,441.00Murtha Cullina UP I Attorneys at Law
(editors note: That is $257 per hour)
The two petitions:
1) Allow a town mtg to vote on a regulation whereby anybody with a working septic could apply for a waiver NOT to be connected to the sewer.
2) Allow a town mtg to vote on whether to spread sewer benefit assessment equally throughout town.
The legal opinion denied the petitions, even though they were lawful and accepted by the town clerk on the grounds, 1) It was too late, the vote on the Sewers was 7 years ago. 2) The WPCA is the town body that should have been petitioned.
The petitioners felt they were forced to take the drastic step since the BOS was not addressing their concerns, the Sewer Plan has changed considerably since approved over 7 years ago, and that the WPCA has stated they (the WPCA) are not the town body to address these issues.
The town charter allows for citizens to seek redress via the petition. After denial of the petitions the only recourse for the petitioners would be to file a lawsuit.
The regulations for the WPCA and the Sewer were just released in the month prior to the petitions being served. The regulations detailed how assessments are to be obtained, who is required to connect and other details.
The 15K$ bill seems relevant in light of the 2nd budget defeat over 20K$.
Got to wonder if Mr Bill was just a bit more people friendly and didn’t try to run things like he owned it, maybe these petitions and lawsuits would not have been filed.
Wasn’t there something about a former town employee suing the town? Anyone remember the details?
Fact: The previous tax collector sued Black (i.e. the town).
Rumor: She won, Black appealed, she won, Black continues to appeal.
Wasn’t that the Assessor who filed the suit against the Town over the failure to have her employment renewed, not the Tax Collector?