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Town Counsel

William L. Lahey
Anderson & Kreiger, LLP

What follows is a description of the lawsuits by or against the Town filed or pending during 2006.

Michael Pitas, et al. v. Concord Board of Appeals and Concord Housing Trust

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This case involves a challenge to a decision of the Zoning Board of Appeals to amend a special permit and grant an easement over a common driveway. The plaintiffs did not prosecute this case during 2006.

a.j.p. Contractors, Inc. v. Jonathan Hoch v. Armand J. Parrazzo and the Town of Concord.

This case initially involved a contract dispute regarding the installation of a septic system. Hoch subsequently impleaded the Town, alleging that ajp Contractors had used road sweepings it allegedly received from the Town for fill at Hoch's property, and asserted claims against the Town under g.l. c. 21e. Hoch's motion to remove the entire case from Concord District Court to Middlesex Superior Court is currently under advisement. The Town is in discussions with all parties to try to settle the case. If that is unsuccessful, the Court has scheduled the case for trial in March, 2007.

Walter Frontera, et al v. Concord Board of Appeals, et al.

This case is an appeal of a decision of the Board of Appeals granting a special permit to park commercial vehicles at the co-defendant's property. This case was settled and dismissed.

mjp Contracting, Inc. v. Town of Concord and Shepco, Inc.

mjp filed a Complaint on August 17, 2006 in the Middlesex Superior Court alleging that soil mjp obtained from the Town's Thoreau School site was contaminated with oil or hazardous material. The Town has denied the allegations and filed counterclaims against mjp The parties are currently pursuing discovery.

Brown v. Flynn.

A citizen filed suit in June, 2006, alleging harassment by a police officer. The officer and the Town denied the allegations. After two preliminary hearings, followed by an evidentiary hearing, the Superior Court ruled in favor of the officer in June, 2006, denying all relief to the plaintiff.