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BOARD OF SELECTMEN
Executive Session Minutes
Joseph F. Bilotta Meeting Room, Town Hall
January 24, 2017
Present: Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Tom Alonzo, Clerk; Phyllis Luck, Member;
Town Manager Heather Lemieux and Attorney Robert Bowen
Not present: Paula Bertram, Member
The meeting commenced at 7:53 p.m.
Attorney Bowen updated the Board on the Town of Lunenburg v. Fitchburg Gas and Electric Light Company
(Unitil) suit regarding the December 2008 ice storm.
The Town alleges that Unitil caused it to suffer significant expenditures during the storm; violation of the
Public Utility's tariff; negligence, gross negligence, or willful conduct; negligent and/or intentional
misrepresentation; breach of contract or quasi-contract and violations of M.G.L. c.93A. In 2011 the Town filed
the lawsuit seeking recovery for two sets of damages; the cost of public services the Town provided in the wake
of the storm, the majority of costs related to tree/vegetation removal from roads and public property and damage
to town-owned property.
The Court decision is as follows:
• the court found no private right of action under the tariff; there is no case law for this particular statute,
• no negligence claims and no duty for the gross negligence claims (the court found the tariff bars
negligence claims) the court also found no duty to trim trees to keep them off public ways,
• no damages identified flowing from the alleged misrepresentations,
• damages are speculative and not recoverable under the Municipal Cost Recovery rule
• property damages and c. 93A claims were dismissed.
Mr. Bowen will do further research and contact Unitil. He has also noticed an appeal as a placeholder on behalf
of the Town to preserve the Town's position.
Motion: R. Ebersole
To exit Executive Session and adjourn
2"d: T. Alonzo
Vote: Ms. Luck-aye, Mr. Alonzo-aye, Mr. Ebersole-aye, Mr. Toale-aye
The meeting adjourned at 8:30 p.m.
Respectfully submitted,
Elaiiem. Peterson
Elaine M. Peterson
Executive Assistant to the Town Manager