My work order authorizing the contractor to construct my Right-of-Way over the school property was very explicit with precise measurements to insure the contractor’s work would be in full compliance with the Court Order. In response to conversations between the contractor and District Agents, the contractor, without my knowledge or authorization, chose to address public safety, public use, and drainage concerns raised by School Board Agents by placing gravel outside the 12 foot right-of-way. After the contractor’s work was completed, I asked the School Board to convey, in writing, any concerns regarding the width of the gravel travel way. One and a half years went by before the School Board responded to my request. Why did they take so long to respond? Upon receiving notice from the School Board, I met with the contractor to review their objection to the work which was done. The Contractor and I then attended the next school board meeting to start a dialogue towards an amicable resolution of this matter. The District made no effort to respond or further communicate with the contractor or myself; instead the School Board chose to file a Contempt motion in Court. I responded to them with a letter. Additionally, the contractor removed the gravel from outside the right-of-way and also sent them a second letter. The School Board chose to seek a costly resolution through the Court.
So we went to Court again! Once in Court, the Judge dismissed the case.
Even though the case was to be dismissed, I offered to sit down with a representative for the school board and work to bring a resolution to this matter in order to avoid a continuing legal battle.
They agreed and after about 1 hour of discussions, an agreement was reached. If only the School Board was willing to engage in a dialogue before choosing to go to court, we could have easily reached an agreement without the costly legal expenses to the taxpayers.
So the lingering question remains. Why was this second legal battle necessary? You be the judge!
Now the Rumney taxpayers have incurred total costs in excess of $ 41,000.
For details regarding the first lawsuit filed by the School Board and the resulting Court Order check out the ‘School Board Lawsuit’.