Legal costs add up against town budgets
By Garrett Brnger Sentinel Staff
WINCHESTER — Small-town politics can come with a big price tag.
The town of Winchester has spent a considerable amount of time and money in recent years dealing with legal cases — 2.1 percent of last year’s operating expenses. While one nearby town has spent more and another much less on legal expenses, Winchester is unique due to the variety of its cases.
Winchester spent $63,038 in fiscal 2012 on legal expenses — the majority of it on court battles. Between fiscal 2009 and 2011, it spent $50,190, $39,436 and $34,866, respectively.
Town Administrator Joan C. Morel estimates only about $8,000 of the 2012 sum was spent on costs unrelated to court cases, such as appraisals or legal advice.
This year looks to be no different. The town’s legal expenses are up to $12,419 since its fiscal year began in July. The budgeted amount approved by voters is $25,000 for the entire year.
In the 2011 calendar year, Swanzey spent $15,390 in legal expenses. The town has almost 2,900 more residents than Winchester and its budget this year of $7.2 million is almost twice that of Winchester’s. Since January, Swanzey has spent $9,723 on legal costs.
However, Swanzey Town Administrator Shane O’Keefe said the expenses are “entirely unpredictable” and occur incidentally.
Richmond is an example of that. In 2006, Winchester’s neighbor to the east spent $7,565 on legal expenses out of a a budgeted $4,900. Five years later in 2011, the town spent $70,398 — more than nine times that amount. In 2010, it spent $50,761.
A handful of cases each year cause the majority of the expenses, said Richmond Town Administrator Roberta A. Fraser, who is also chairwoman of the Winchester Selectmen.
Though Fraser did not have a bottom-line number for Richmond’s court battles from 2007 to 2011 with the St. Benedict’s Center, she said it’s “safe to say the number is in the tens of thousands.”
A reassessment fight with Public Service Co. of New Hampshire in 2011 and ’12 cost the town $45,740, not including the $11,781 settlement. It also contributed to both the preceding year’s sum and the $24,044 Richmond has spent on legal costs since January.
The difference between Richmond and Winchester is the number of cases, Fraser said. While Fraser estimates Richmond has about a half-dozen cases a year, Winchester, which has a population about four times as large, has 17 cases on its 2012 legal calendar.
Winchester does have a strong record in court. Neither Morel nor the town’s attorney, Bart L. Mayer, could remember a case in which the town did not prevail. But Morel says they all cost money.
“We do ask for legal fees; we haven’t been granted any,” Morel said.
Some cases in Winchester are filed by the town to enforce zoning codes and ordinances such as trash-filled yards, but this year the town is the defendant in a majority of cases.
Defendant or plaintiff, the cases in Winchester and Richmond often have some common features, Fraser said.
Winchester resident Terrance P. Qualters has been involved in nine cases against the town since 1981, said a clerk at the Cheshire County Superior Court.
The town has taken several properties from Qualters due to back taxes, and has taken him to court to remove him from the properties. However, Qualters has fought the town on each step because he believes the town government is corrupt.
“I don’t like this town (government) of Winchester one single bit,” Qualters said.
The town is such a popular adversary, it has even faced itself. This year the town almost had $419,000 in spending disallowed because selectmen filed suit against the budget committee.
Although the case was settled through a consent decree, it still required the town to pay for two lawyers.
In some cases, the town gets blamed no matter what happens. For example, both the applicant and opponents of a proposed Dunkin’ Donuts in Winchester have brought the town to court over the same project.
When the Winchester Zoning Board granted S.S. Baker Realty a zoning variance in 2008 for a proposed combination convenience store, gas station and Dunkin’ Donuts, local grocery store Kulick’s Inc. appealed the decision. The case reached the N.H. Supreme Court, which upheld the board’s decision in September 2010.
The town is back in court over the same project now, but against S.S. Baker, which is appealing the Winchester Planning Board’s rejection of the project.
Kulick’s owner, Stanley S. Plifka Jr. is not surprised by the volume of legal action the town sees.
Winchester is filled with cliques and personalities who clash, Plifka said, and “with the decisions the town makes, they’re lucky they don’t get sued more than that.”
That extends to officials in town government. In March 2011, planning board member Kim N. Gordon filed an affidavit in a case against the town alleging then-board Chairwoman Margaret Sharra had acted inappropriately during an asphalt plant application.As a result, selectmen considered removing Gordon from the board but ultimately did not. Gordon filed a right-to-know suit against the town afterward, alleging she should have been allowed to attend a non-public meeting in which selectmen considered a letter from its legal counsel.
Gordon was unsuccessful in both the right-to-know request and her attempt to get the town to pay her legal fees from the selectmen’s deliberations.
Sharra, who is now the town land use administrator, said the appeal process for land use cases can be frustrating but does not begrudge people who use it. She just wants them to think twice about filing suit against the town.
10 comments:
So I guess when Kim was bragging around town that she won her cases and was vindicated she was fibbing a little bit, No big surprise there.
I know some people feel the selectman are to blame for everything, and they have made some mistakes, it cant be a easy job. but really people, Getting rid of the likes of Gordon and Moser and making sure Bellan and Davis are never on any boards will be a huge step in the right direction.
We are at a breaking point and just cant afford to be driving business's away anymore, We cant afford to loose out Budget committee and under Moser's lack of leadership last year we almost did.
I pray some decent candidates run this March we need change so bad it hurts.
We need to pay a employee in the Town Hall to seek out business's and home builders (NOT APARTMENT'S) most towns have this. But instead we have a planning board looking out for the Good Ol Boys instead of us.
Enough already.
I use to follow another local blog, I became interested during the Van Dyke deal, but over the years it became more about pulling the wool over our eyes and less about providing good information and coming up with answers to our problems. A friend told me about this one and I think it has more accurate information so far. although some of the comments from people seem just as mean as the other one, Maybe they read both. I hope you keep the hostility and name calling off this one and keep posting minutes and accurate information. I have given up on the other because but for some reason when I comment or ask a question about the people we have been reading about in the newspaper and around town it never gets posted, Seems they are only interested in covering up for and protecting certain people who I have learned are some of the problems we have. I have to wonder now who is running the site, I know Mr. Towne stepped back and handed it over to others.
I wish the towns minutes were posted faster and went back farther, I work second shift and can not attend meetings, News paper and minutes is the only way I can follow what is happening and sadly I cant rely on what I hear from some of my friends.
Anonymous said...October 9, 2012 9:16 AM
When you come to understand that I believe Jen Bellan is moderating the site now you would understand why most comments don't get posted.
I have been told Kim Gordon also is a moderator and I tend to believe this, the way it protects her and tries to justify everything she does.
Do you remember when they tried the new site that had advertising so they could make money, and you could only post if you created a account Kim was a moderator for that one so you could assume shear is for the currant one also.
Now it makes sense, I have made dozens of comments about Moser,Davis,Gordon and even Bellan and they never show up,
Good to know who is running that one and where the so called information is coming from.
Did you read the letter From Bob Davis in the reader opinion section of the Sentinel?
Of all people to write a Holier than thou letter, What a joke.
This letter comes from a man who lost his bid to get elected to the budget committee twice and was still appointed by members against the voters wishes. He then used his position to act out his vendettas against people, and he is not above throwing tantrums and attacking people himself. Because of the antics of chairman Moser and Bob himself we almost lost that committee.
Then he uses the word "projection"
This is something that he himself, Moser, Gordon, Bellan and Towne are practiced at the art of. All these people have caused this town a lot of grief and tax money yet the try to point their fingers at other people, We have all seen this.
Then he describes all the problems with our Planning board and every single example he gives Gordon and Moser are guilty of not Mr. Hill.
When I hear the name Bob Davis Hostility,temper tantrums, childish rants,projection, propaganda and a general disregard for our town is what comes to my mind.
October 16, 2012 7:37 AM
The whole fact that he was appointed to the B.C. after the voters said no way is something that is inexcusable in every way. We are trying to find out who the members were that did this to us. but knowing it was wrong and could affect their own re election attempts in the future they actually did this by secret paper vote to prevent us from knowing who was responsible for him getting back on in a under handed way. If we ever come up with a list of the members we will be sure to let you know so you can have this information when you vote for B.C. members in the future.
There is a second way you could look at this, The B.C. members used Bob, They appointed him to the committee knowing he would do all the dirty work for them, they slapped him on the back and said "go get em Bob" and then they could take a backseat and not be attached to all the problems that he created.
How does it feel Bob, to be used and left hanging in the wind like that?
Is the actions of some of our board members disgusting you yet?
Arm yourself with true fact and get out and vote.
After reading Davis's letter to the editor I didn't know if I wanted to laugh or throw something through the window.
What a hypocrite,two faced, lying trouble maker, projecting his own, Gordon's and Mosers wrong doings onto other people. This isn't even funny anymore. Now its kinda easy to see why Moser would not keep him in line last year with the B.C.
seems to be a little "you Rub my back and I'll rub yours" going on there.
He was also wrong about the B.C. not loosing the legal battle they found themselves in, They lost. Every single member except Moser realized they didn't have a leg to stand on and signed the proper paper work.
You are correct, The budget Committee's lawyer said they would not win and every member except Brian Moser signed a "Consent decree" for case no. 213-2012-CV-00121.
You can use the link to the Budget committee minutes on our home page to read this for your self.
It Does seem Mr. Davis has a hard time interpreting the truth.
or maybe this is more (Projecting)
on his part. You decide.
Gordon seems to have no problem causing the Planning board to become dysfunctional.
The tax money she is wasting being involved and named in several law suits is hard for us working people to understand, Seems how she is unemployed and has been ever since moving here she seems lost when it comes to the working person and earning money. The rest of us cant rape your ex-husband's family land to pay the bills. Get a job, and you will find you will not have all this extra time to interfere with our town and our lives.
Yes the same blog that rants and raves about everyone's elses budgets and wants every dept to cut their spending has no problem going to the town and increasing the Thayer Library budget because they are sick of doing alittle lawn mowing They are not employed so they certainly have the time Right Kim and then she has the nerve to knock other people that do not have a job The bus is leaving Kim get your bags packed
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