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Town counsel advises Select Board not to discuss pending short-term rental litigation publicly
Summary
Town counsel told the Select Board that two short-term rental cases under active litigation should not be discussed outside executive session and advised board members to focus on the merits of warrant articles rather than litigation strategy.
Town counsel briefed the Select Board on March 26 about the procedural status of pending short-term rental litigation and advised members not to discuss the cases outside executive session.
Select Board Chair Brooke (first name only in transcript) asked town counsel for guidance about the adjudication and appeals process. Town counsel (identified in the meeting as Giorgio Pucci and other counsel names were referenced) said there are at least two active cases — Ward and McDermott (case names used in the discussion) — and that litigation is ongoing. Counsel advised that any discussion about litigation strategy or case specifics should take place in executive session, not in public meetings, to avoid jeopardizing the town’s position or the court process. Counsel said the court had asked for follow-up information on the zoning bylaw history in one matter and that a written decision could issue within 30 to 90 days depending on filings and court scheduling.
Counsel further advised the board that, while the board can consider and take positions on warrant articles on their merits, it should avoid linking those public positions to litigation strategy or commenting on pending judicial rulings in a way that could affect litigation. Counsel said the town is optimistic the zoning board’s thorough proceedings will be upheld but cautioned that court outcomes are not entirely predictable. He recommended that any board questions about litigation be handled in executive session.
Board members asked clarifying questions about timing and the effect of appeals. Counsel responded that an appeal could stay certain effects of a decision in specific circumstances but emphasized that the procedural timeline is unpredictable and that it is better to treat warrant articles as separate policy decisions.
Ending: The Select Board accepted the procedural guidance and proceeded to discuss the warrant articles on their merits without addressing litigation strategy publicly; members indicated they would use executive session for any specific litigation questions.
