law suits against the town - who pays? what do they cost the taxpayers?

February 4, 2008 at 12:47 pm | In barnstable, barnstable charter commission, barnstable town council, charter, charter comission, greg milne, hyannis water, john julius, schwaab, schwab |
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I have received a number of messages via email and telephone and had several conversations these past few days regarding town law suits.

Who filed lawsuits against whom? Who is paying? Who should pay?

Right now the questions I have been receiving are pertaining to the law suit regarding Councilor Milne and the charter commission.

The Town Clerk made a decision based on her interpretations of the charter, not to allow Councilor Milne to be sworn into sit on both the council and the charter commission. This decision was supported town legal counsel with basis in precedent.

Councilor Milne — and this is important in relation to the questions I have received in the past few days – *filed his own legal action against the town* in dispute of the Town Clerk’s decision.

Greg Milne filed a motion for a preliminary injunction. 

He was seeking a preliminary injunction to order the Town Clerk to administer the oath of office (to Greg Milne as Plaintiff) for the office of member of the Charter Commission.

The town, therefore, was required to *respond* to that law suit.

Town Attorney Weil, after some consideration and discussion with management other attorneys etc, decided that we needed to seek outside services for this case because there are cases where the town attorney is responsible for acting on behalf of town councilors and members of boards and committees. 

At this point the cost to the town to properly respond to the legal action filed by Greg Milne is  $9,000.00. 

This was not something we chose to do. 

In this most recent $9,000.00 challenge from Councilor Milne, the judge found in favor of the town as detailed in the following summary of the decision:

Please be advised that by order dated December 7, 2007, the Barnstable Superior
Court (Connon, J.) denied Plaintiff’s motion for injunctive relief. The
Plaintiff was seeking a preliminary injunction to order the Town Clerk to
administer the oath of office to the Plaintiff for the office of member of the
Charter Commission. To issue a preliminary injunction, the Court must find that
the moving party has suffered irreparable harm and that has a substantial
likelihood of success on the merits. In denying the Plaintiff’s Motion, the
Court noted that “Milne’s alleged harm must be measured against the likelihood
of success on the merits. The Town Clerk and Milne raised compelling arguments
in their briefs and during the hearing on this motion. This Court follows the
Commonwealth’s tradition of extending some deference to the Town’s on
interpretation of its Charter. Therefore, the Court declines to determine the
merits of this case, save for the observation that Milne has failed to convince
this court that he has a substantial likelihood of success. This court concludes
that Milne’s motion for a Preliminary Injunction should be denied because he has
failed to show that he will suffer irreparable harm.”

The town did not initiate this legal action.

The town councilors, or the town manager did not take action to make this action happen.

The town is not acting on the offense, the town is taking DEFENSIVE action in respone to Greg Milne’s legal filings.

This defensive action cost us $9,000.00 in taxpayer money to this point. 

The overall issue is still not resolved.

COUNCIL CANDIDATE CHARGES THAT HATE CRIMES ARE COMMITTED

After his loss in last November’s town council election, Eric Scwhaab filed legal charges that he was the victim of a hate crime. This accusation was investigated by our police department and their findings had to be turned over to the DA’ office.

The newspapers reported on the filing of the charges, but never reported the findings.

The DA determined there was no basis in the charges.

I don’t know what the cost was to the taxpayers for this investigation, but it cost man hours as detectives investigated this.

LAW SUIT AGAINST THE TOWN REGARDING THE PURCHASE OF WATER COMPANY

A group of ten taxpayers filed a law suit against the town regarding the purchase of the water company in Hyannis. John Julius acted as the voice of that law suit in newspapers and at public meetings.

A judge threw this law suit out of court.

Little was reported, again, about the end of the law suit.

The taxpayers had to fund the effort to respond to this law suit.

Once again, this was legal action taken against the town.

The town had no choice but to respond.

The cost to taxpayers to respond to and dispose of this law suit was approximately $30,000.00.

Thirty thousand dollars …..  

Something to think about.

Janet Swain Joakim

8 Comments »

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  1. Thirty thousand dollars Something to think about? What about the possibility that the Town of Barnstable could face a law suit from the Town of Yarmouth over the Airport? How much will this cost the Town of Barnstable? The Town of Barnstable has a air restriction over private and Town property in the Town of Yarmouth. The Barnstable Town Council is kidding itself by keeping their heads in the sand on this subject. Property owners and the Town have tried to work on issues over the airport but to no avail. A Law Suit over this eminent domain issue would cost the Town of Barnstable hundreds of millions of dollars. The Town Council should take on this issue and try to resolve it, you might save the Barnstable taxpayers some money. The Town Council should take control and abide to Mass Law Chapter 90. The Board of Selectmen in Yarmouth is serious on this issue and the private property residents in Yarmouth and Barnstable are also serious about this air restriction that limits private and public buildings and other structures to a height restriction. In the past, the courts, to include the Supreme Court, have ruled along with the FAA, that the liability belongs to the proprietor. The proprietor in this case is the Town of Barnstable. Thirty thousand dollars? It’s a drop in the bucket compared to what it could cost the Town of Barnstable.

    Comment by Tom Sullivan/ Yarmouth — February 4, 2008 #

  2. Unfortunately, when you live in the conspiracy-filled world of the Koggers, losing a lawsuit to “expose the conspiracy within town government” means nothing, because of course, there is a conspiracy at the courts that caused the lawsuit to lose…that way you never have to admit you were wrong, but that “they” screwed you again.

    Luckily, there isn’t anything else in town we could have used this legal funding for….

    Comment by Coddah — February 4, 2008 #

  3. Tom from yarmouth is probably Gary Lopez’s alter ego!

    Sarina

    Comment by Anonymous — February 5, 2008 #

  4. I got an email today that was forwarded to me that was from Gary Lopez. Greg Milne wants the town to pay for his own lawyer fees? Is that true? Is he serious?

    Comment by Anonymous — February 6, 2008 #

  5. That is quite a statement tom.
    Haven’t heard any of this from the Yarmouth selectmen.
    I believe you were the one who spoke to Governor Patrick at a public meeting telling him we should move Barnstable Municipal Airport to the Mass Military Reservation.
    Do you live near the airport?

    Comment by JSJ — February 6, 2008 #

  6. Janet –

    In answering the question “What do lawsuits cost the town and who pays” I believe it would better serve your readers if you

    posted a more comprehensive list, beginning with the most expensive. As we know the town is being sued in Federal court by Rectrix. The cost to the taxpayers seems to be a closely guarded secret. I looked at the airport expenses through November and the legal expense is about $3,700? I’ll bet this suit is costing the taxpayers at least 50 times what the Greg Milne suit has cost us – and it’s not over yet!

    Comment by Just another taxpayer — February 6, 2008 #

  7. Not sure what the point is here.

    At any given time there are 1600 law suits open involving the town.

    When someone files a lawsuit against the town, the town has to legally respond.

    Retrix filed a law suit against the town, so the airport’s legal representation is responding.

    Greg Milne filed a law suit against the town, and the town responded, costing us $9,000.00 –so far as the issue still unresolved.

    The $30,000.00 spend to respond to the 10 person law suit filed by John Julius and others was something the town had to do.

    Would you expect the town not to defend itself against law suits?

    That is rhetorical, by the way

    Comment by JSJ — February 6, 2008 #

  8. Recent tragedy at Kirkwood Town Meeting reminds us that these arguments can grow out-of-hand. See story link: http://www.cnn.com/2008/CRIME/02/08/city.council.shooting/index.html

    Comment by jl — February 8, 2008 #

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