(The Harvard Hillside posted the following article by C. David Gordon on its website on May 28.)
AYER, Mass. — The First Circuit Court of Appeals has struck down a federal judge’s order requiring the town to pay attorneys’ fees in its legal battle with Guilford Rail Systems over the railroad’s plan to build a second auto-unloading facility.
The May 21 written finding of the court “reversed and vacated” Federal District Court Judge Joseph Tauro’s decision regarding the town being required to pay the railroad’s attorneys’ fees.
“This is very good news for the town of Ayer,” Town Administrator Anita Hegarty said. “We’re very relieved.”
The federal judge’s initial ruling was that the town was to be responsible for paying approximately $300,000 for legal services the railroad had accrued. It had taken the town to court over conditions the Planning Board had placed upon the proposed facility. A further concern was that in the appeals settlement an additional large payment for attorneys’ fees would be forced upon the town.
In anticipation of being required to make such a huge payment, especially at a time when municipalities face declining revenues, the Board of Selectmen had “held back so protectively,” as Hegarty put it, money in the town’s Stabilization Fund.
The town faced this large potential cost just at budget time. Budget season was also overshadowed by a challenging and confusing financial climate state- and nationwide. An added hit was learning that a larger than expected sum must be paid to clear contamination from the site of the new fire station.