1976-Annual Town Report - Laserfiche WebLink

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suit brought by eighteen taxpayers in the Barn- Danbil Corporation appealed to the Alcoholic stable Superior Court and that case is now pending. Beverages Control Commission as a result of the The Board of Assessors appealed from a deter- refusal of the licensing authority (Board of mination of value made by the State Tax Commis- Selectmen)to grant a liquor license.The Commis- sion which reversed itself and with a slight com- sion upheld the licensing authority whereupon promise on the part of the Assessors, upheld the Danbil Corporation brought an action in Superior Assessors' valuation. Court against the Commission. The Town inter- In past,ast seldom have there been more than vened as an interested party. This matter is still years one or two appeals to the Appelate Tax Board of pending. appeals for abatements from Assessors' decisions Eight firemen attempted to obtain a criminal and in many years no appeals. In the year 1976 complaint in the Barnstable First District Court there were twenty-one such appeals.Some of these for the alleged failure of the Town to pay wages cases have been disposed of by Motions to Dismiss, when due.This platter was adjusted satisfactorily one case was compromised, and the rest are pend- when the Town appropriated at a Special Town t ing.No cases as yet have upset the decisions of the Meeting, the funds necessary to pay these men. f Board of Assessors. A disgruntled bidder attempted to get the con- r Claims have been made bn behalf of the Town tract awarded to Curtis Hendricks set aside for the for damage to town owned property caused by completion of the Senior Citizens Center,although a motorists in seven cases. the other contractor's bid was some $40,000.00 l Appearances to protect the Town's rights have higher.The state Department of Labor upheld the been filed in six cases filed in Land Court for re- Town's procedures. t gistration of land by others. Town Counsel participated in negotiations with 1 Town Counsel examined,and in some cases,as- legal counsel for the State Department of Educa- sisted in the preparation of Articles for the war- tion which through the good efforts of Representa- rants of the Annual and Special Town Meetings g p tive Kendall, the Selectmen, the School Camrnit- il and attended all town meetings. tee, the Building Needs Committee and the s Court action was instituted in Superior Court by Superintendent of Schools resulted in the Town r. Graham connection w M Gh in the election for P � receiving approval for state aid for the construc- Assessor in which Town Counsel participated for tion of the new Middle School as planned. y the Town as well as at the subsequent recount in Town Counsel met with the Building Needs I_ proceedings. DARE filed an appeal in Superior Court as a Committee, architect William Mead, and his at- e PP P tome in connection with Mr. Mead's claim. for �l result of an adverse decision to them of the Board y of Appeals. compensation for architectural services.This mat- of ter was finally acted upon by the Town at a Town 7- General Fence Supply Company brought an ac- Meeting. i- tion against the Town and the Selectmen in ' action was dismissed as Town Counsel acted for the Town in connection Barnstable District. This Selectmen an motion made b with contracts with the architect for the new .d to the Town and the Sel Y school and for the proposed Police andFire Station. 11 them. s Town Counsel acted for the Town in connec- �- An appeal was made t_o HUD on the establish- Also meat f t 1 b low which flood lain zoning tion with the award of the contract and its prepara- ;e o he level e p g would be mandatary for eligibility for Na tional Lion for the new Middle School. The execution of Flood Insurance. This appeal is stillpending. this contract was delayed several times. c PP w Appropriate pleadings were prepared and filed Town Counsel acted for the Town in connection P in the case of Costa vs. Haggerty to permit the with an action brought in the Barnstable Superior ►e Town to intervene to protect its interest. George Court by Catherine M. O'Brien et al against �e Costa, a ee Mashp police officer was injured in the Harold Collins, Building Inspector, et al which line of duty. State statutes mandate the payment action, alleged a violation of the Town Zoning r to him of his regular salary while he is disabled. Bylaw. )f His disabilityallegedly arose from the conduct of a Town Counsel provided approximately 1�writ- aeg' ;e third party, Haggerty, and the Town was permit- ten opinions as well as a number of oral opinions to f ted to become a party plaintiff with Costa against the Board of Selectmen and other boards,commit- 1e Haggerty so as to enable the Town to collect the tees and town bodies on a variety of subjects deal- a amounts paid to Costa. ing with municipal law.