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Middlebury selectmen vote to authorize town defense in federal lawsuit
Summary
The Middlebury Board of Selectmen voted Jan. 5 to authorize the town to defend itself in a federal lawsuit brought by Southford Park, LLC; the matter has been referred to the town's insurer, which will designate counsel. Selectmen asked for regular updates.
The Middlebury Board of Selectmen voted Jan. 5 to authorize the town to defend itself in a federal lawsuit filed as Southford Park, LLC, et al. v. Town of Middlebury, et al.
First Selectwoman Jennifer A. Mahr said the complaint names town employees and volunteers and that the matter has been referred to the town’s insurance carrier, which will decide and assign outside counsel. “We are waiting for the insurance company to get back to us with whom they’ve assigned as counsel,” she said during the meeting.
Selectman J. Paul Vance, who read the 30-page complaint, expressed concern about the 21-day response clock after service and asked for regular updates from the administration and finance staff. “This is a significant complaint,” Vance said, urging timely follow-up so the town and any named volunteers and employees are protected.
Town Attorney Robert Smith told the board he was not aware of any ethics conflict that would prevent defense of the town or its officers. CFO Seth Bernstein reported he had followed up with the insurer and would continue to monitor the matter.
The motion to authorize the town to defend itself passed unanimously. The board did not identify outside counsel in the meeting; next steps will depend on the insurer’s appointment of counsel and any ensuing litigation schedule.
