LITTLETON — One resident is not happy about the ongoing lawsuit between the town of Littleton and Littleton Water and Light and said too much money in legal fees is being spent and the Select Board needs to end it.
Board members, however, said the New Hampshire Department of Revenue Administration is now a party to the case and the DRA is asking the court for its own judgment against LWL.
To date, between both parties, a total of $104,000 has been spent on the lawsuit, with the town having spent $17,000 on legal fees and LWL having spent $87,000, Littleton Town Manager Jim Gleason confirmed during the board’s meeting on July 25.
The lawsuit was brought by the town against LWL in December 2020.
The town argues that LWL is a department of Littleton, but is not complying with the Municipal Budget Act and is not, as required by the act, providing its financial information to the town.
LWL argues it is an independent utility under its 1903 charter and subsequent New Hampshire legislation.
Inquiring into how much money has been spent was resident Bruce Hadlock, who said it’s costing taxpayers and ratepayers and who called the amount of legal fees “ridiculous.”
“Get rid of it, drop it,” he said. “Why are you in a lawsuit?”
Emerson said the litigation began with the past town administration and the DRA has since become involved.
“The DRA, screw them,” said Hadlock. “Tell them to go jump in a lake. You don’t need to have them involved at all.”
“We can’t,” said Select Board member Carrie Gendreau.
Shortly after the lawsuit was filed at Grafton Superior Court, the DRA filed as an intervenor and was accepted by the court.
In May 2022, the DRA, siding with the town, filed a motion for summary judgment asking the court to declare LWL a municipal utility department under town control.
On June 30, LWL filed a motion objecting to the DRA’s request for summary judgment and filed its own motion for summary judgment that asks the court to declare it an independent entity.
On Monday, both the DRA and town of Littleton filed motions objecting to LWL’s summary judgment motion.
A trial management conference is scheduled for Sept. 8.
Hadlock said LWL does a good job and the town gets the dividend by having low rates, but said there’s something wrong when $104,000 has been spent in a lawsuit between the town and LWL.
“Either that or you don’t dare stand up to the state of New Hampshire,” he said.
To Emerson and Gendreau, Gleason said they are both correct in that “the DRA has interceded directly with the court and everyone’s hands are tied … The judge has to make a decision.”
“They got involved and they won’t back out,” said Emerson. “The bear got poked too many times from before, and it wasn’t the Select Board who did it.”
“It was, too, it was you two,” said Hadlock.
“It started with staff,” said Gleason.
“What staff?” asked Hadlock.
“The staff that’s gone now,” said Emerson.
Hadlock asked the town to get all parties involved around the table to see if the issue can be straightened out.
“We’re trying,” said Emerson.
LWL currently runs on an $11.4 million annual budget that is a net-zero budget because its expenses meet its revenues.
It is known for having some of the lowest rates in New Hampshire and New England.
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