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Council votes to join litigation and agree to equal cost sharing among plaintiffs

Smithsburg Mayor and Council · May 19, 2026
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Summary

After a closed session to consult with counsel, the Smithsburg mayor and council voted to join the litigation discussed in executive session and commit to equal cost sharing among all plaintiffs involved.

The Smithsburg mayor and council on May 19 voted to join the litigation discussed in a closed session and to commit to equal cost sharing among all plaintiffs involved.

A council member moved to join the litigation and to commit to equal cost sharing; the motion was seconded and approved by voice vote. Council took the vote after returning from a closed session called under a provision to consult with staff, consultants or other individuals about pending or potential litigation at the town attorney’s request.

Council discussion in open session included a brief exchange in which one councilor said they appreciated the perspective in favor of defending the town’s position and another cautioned that it felt premature but recognized the importance of taking steps to defend the town. No further details about the subject of the lawsuit were discussed in open session.

The motion as recorded: “to join litigation discussed in the closed session and commit to equal cost sharing between all plaintiffs involved.” The motion carried on a voice vote.

Next steps: the council did not announce additional public actions or filings at the meeting; any contractual cost-sharing details, outside counsel retention or public filings were not specified in the open-session record.