BY SUSAN CLARK
The legal battle over the proper interpretation of the Town Charter may be over if Town Councilors accept an offer made by resident Bill Greiner.
In a Oct. 23 letter to town attorney Barton Mayer, Greiner says he is willing to pay any fees incurred by the town from this point forward, if he is allowed to intervene and seek a declaratory judgment, which binds parties to a ruling but does not award damages.
The letter indicates that Greiner, as a taxpayer, wishes to have the issue quickly resolved as to not spend any more townincurred legal fees and councilors’ time in examining the charter over “what is essentially a non-issue.”
“I’m saying to them, ‘If you want to do the right thing, settle this, stop spending tax money,” said Greiner. “I’ve had ‘attaboys’ from people who offered to help.”
Mayer said the town is pleased Greiner intends to withdraw his pending motion but he believes the council still wants to review the charter to make sure the language is consistent in each article and bring any changes to voters.
The battle began in June when resident Roy Stewart filed a lawsuit against the town, stating councilors did not follow the charter and appoint someone to a vacant seat in a timely manner and by simple majority vote.
Town Councilors contend that a majority of five votes is needed to comply with the charter.
After three meetings, councilors appointed Bill Jean to replace Bill Van Anglen, who resigned his seat in May.
On Oct. 10, counilors voted 5-2 to settle the lawsuit with Stewart and pay him $2,000 in legal fees. Apparently, Greiner agreed with the two councilors who voted against the settlement because, they said, it creates a bad precedent for future lawsuits.
On Oct. 15, Greiner filed a motion to strike the settlement and intervene, but was countered with an objection from the town.