Lawyers for the town of Wilton and the members of the Board of Selectmen filed another motion yesterday, July 13, asking the court to delay hearing Sensible Wilton‘s suit against the town. According to the motion, they’re asking for the continuance because the lawsuit is scheduled to be heard on the exact same day (next Monday, July 20) as the town’s request to dismiss the case outright is schedule to be heard in court.
This new request to delay is sort of a way for town lawyers to “hedge their bets”—if the lawsuit isn’t dismissed on July 20, then they’ll have more time to prepare to argue their case against Sensible Wilton.
The town filed their motion to dismiss the case on July 6. They made this motion based on the assertion that Sensible Wilton was formed as a referendum committee—an entity which, the town lawyers argue, should have been disbanded following the referendum under election law. What’s more, the town attorneys say that as a referendum committee, Sensible Wilton has no authority to file suit or petition for ordinances. The attorneys also assert that the group has no members to represent—and therefore cannot file a lawsuit on behalf of “members.’
Monte Frank is the Cohen & Wolfe attorney who is leading the team that represents the town for these matters. In yesterday’s filing, he argues that resolving the dismissal motion will take substantial time, and calls Sensible Wilton’s position that both their suit against the town and the motion to dismiss can be heard in one day, “unrealistic and prejudicial” to the town and selectmen.
Town lawyers argue that the referendum was certified and the appeal period expired one month after the referendum vote concluded on Sept. 27, 2014 (“approximately eight months ago”). As such, they say, Wilton has already made significant headway in moving forward with the Miller-Driscoll renovation project. They say Wilton has already “issued over $8 million in bonds, entered into contracts with project professionals, and has already spent millions of dollars.”
Citing these expenditures and moves as evidence of the “significant impact” the case can have on Wilton if it moves forward, the lawyers add that the impact will be felt elsewhere as well, because it will set new legal precedent. Any decision in support of Sensible Wilton, say town lawyers, could “call into question the finality of certified referenda” in general.
Sensible Wilton’s lawyer, Simon Reiff, argued in an objection filed last week (July 9) that any delay would significantly hurt his clients. “Indeed, a delay of even a few weeks would be harmful or even fatal to Plaintiff’s cause, because the subject construction project will be put out to bid in just a few months, thereby all but mooting the lawsuit.”
It seems, the real question in court should: be who is Mr. Reiff Client? It seems Sensible Wilton is only 2 people, neither who would put their name to the lawsuit for fear of being liable for town legal expenses. Correct me if I’m wrong, but shame on them if its true
I hope Mr Reif and his Clients are held accountable for all of the Town’s expenses in this Senseless Litigious suit.