Local News
February 11, 2016

Town responds to new motions in Neisner suit against Killington town management

By Stephen Seitz

KILLINGTON — Killington Select Board Chair Patty McGrath confirmed that local attorney Melvin B. Neisner amended his original complaint against the town management and that they have responded asking the suit to be dropped. Neisner’s new complaints include the executive session Killington’s selectmen held to discuss Neisner’s lawsuit, and also improvements made to the intersection between U.S. Route 4 and Killington Road.

“He’s complaining because we called a special meeting,” she said. “Two of us have been served with a complaint. I’m not sure why. The law allows emergency meetings, and we immediately went into executive session.”

The case has been sent to Federal District Court in Brattleboro, where it will be considered by Judge J. Garvan Murtha.

Neisner has reportedly amended his complaint and has also asked that it be returned to state court.

Patty McGrath, who chairs Killington’s board of selectmen, said the town’s attorneys filed to keep the suit right where it is. “The case is still in federal court,” she said. “We’ve refiled to dismiss and to remain in federal court… We’re volleying back and forth right now.”

Attempts to reach Neisner for comment were, again, not successful.

According to the court administrator in Brattleboro, new motions on the case have been filed, but no date has been set for a hearing.

Neisner based his original lawsuit on a belief that former town manager Seth Webb mishandled public funds in various ways, that he gouged taxpayers, misspent town funds and was verbally abusive toward employees.

The original complaint includes the area the town leased for a park-and-ride. Neisner alleged that the amount paid for the lease “will be in excess of the cost for the property.”

McGrath said she was at a loss to explain why Neisner was concerned about this. Besides the park and ride, the area also includes the town’s welcome center. McGrath said the land was leased for $30,000, but also the deal included improvements to the area.

“We improved the area’s safety and its looks,” she said. “Since we funded the project through [the Killington Pico Area Association] and grant money, the cost to the town was minimal.”

In his original complaint, Neisner said he wants the town to pay his court expenses, “a permanent injunction against the town for using restricted funds for daily activities and to balance its cash shortfalls.” He also wants the town to stop collecting taxes for a sewer line, and a refund for “the waste and misused funds with interest.”

See related articles at mountaintimes.info.

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