Saying Powers has ‘No Standing’, Town of Wilton Files Motion to Dismiss Lawsuit

Last week, attorneys for the Town of Wilton filed a motion to dismiss a lawsuit filed against the Town and the Board of Selectmen by Michael Richard Powers, a candidate running for first selectman. Powers is seeking an injunction to nullify 37 votes made by the members of the BOS during multiple meetings in 2019, but the town’s lawyers argue that Powers has no standing to file the suit.

Powers asserts in his lawsuit that the Board of Selectmen members didn’t follow procedure in their deliberation of the 37 votes, by not exactly following the steps prescribed by Robert’s Rules of Order for making motions, seconding, discussing and voting. Powers points to the “Guide to Serving on a Town Board/Commission” that the town issues to new board and commission members to argue that the Town’s policy as set out in the Guide is for those boards and commissions to use Robert’s Rules of Order for parliamentary procedure during meetings.

Ryan Driscoll, the Bercham Moses PC attorney representing the Town of Wilton, the BOS, and all five BOS members, writes in his motion to dismiss that the town only uses that Guide as a “helpful reference.” He adds that the Guide states that, “Robert’s Rules of Order will provide the rules to assist Boards/Commission…” but have not been adopted as the “controlling authority for [Town] procedure.”

Driscoll argues that Powers doesn’t have legal standing to file for the injunction–in other words, because he isn’t a “proper party” to ask for a judge to resolve the dispute. In the motion he writes that unless someone has an individual or representative interest in the action, or a legal right or title in the subject matter, that person doesn’t have a legal right to sue in the matter.

The motion notes that Powers’ suit didn’t allege that the 37 votes “had any direct effect on his taxes or that he suffered a pecuniary or significant injury as a result of the votes.” It also states that Connecticut courts “recognize standing through ‘classical aggrievement’ and ‘taxpayer standing’.” Because Powers can’t show  that he personally will suffer any damage, either individually or as one of the residents of town, nor can he show that his taxes will be impacted, the town’s lawyer argues that Powers’ suit has no merit–and should be dismissed.

What’s more, Driscoll lists several examples from the 37 votes where not only were Powers’ taxes not adversely impacted, in some instances the votes saved money for the Town and its residents. Powers’ suit alleges that the actions of the BOS “cause the Plaintiff [Powers] irreparable harm,” but does not specify how.

He also writes that Powers’ suit “appears to be nothing more than a generalized grievance regarding votes of the Board”–something that is insufficient to give Powers standing in the case.

Driscoll makes two more complaints in his motion to dismiss:  that Powers doesn’t provide any evidence in his suit for how the Board is bound to follow Robert’s Rules of order; and that the five selectmen have legislative immunity, and therefore cannot be sued.

A hearing on the case is scheduled for Tuesday morning, Oct. 29 at CT Superior Court in Stamford.