Middlebury extends town attorney coverage, authorizes defense in two tax appeals

The Middlebury Board of Selectmen voted unanimously June 1 to extend legal coverage for the town and to authorize the town attorney to defend two pending tax appeals.

First Selectwoman Jennifer Mahr moved to appoint Barbara M. Schellenberg and Zabel Schellenberg as town attorneys to ensure coverage through a period that includes multiple time-sensitive matters; the board then approved Selectman J. Paul Vance’s motion to extend the current contract through July 31, 2026. The board’s action was taken to avoid a lapse in representation while appeals and a CHRO complaint remain active.

The board also unanimously approved a motion from First Selectwoman Mahr authorizing the town attorney to defend Westvest Inc. v. Town of Middlebury and Olymbec Preston Park Limited Partnership v. Town of Middlebury. Attorney Barbara M. Schellenberg briefed the board on what to expect in tax appeals: the process is an administrative appeal that can proceed to a de novo evidentiary hearing in Connecticut’s Tax Court in New Britain, often involving appraisers and pretrial settlement discussions.

‘‘To meet the town’s legal needs over the next six weeks, we should avoid a gap,’’ Mahr said when urging swift action. Schellenberg said plaintiffs typically bring appraisals and that many matters settle after pretrial negotiation, but noted the town must be prepared for court proceedings if necessary.

The motions to extend the contract and to authorize defense were seconded and approved unanimously by the three select members present.