Judge delays ruling on Lay’s residency
LOWELL » Lowell Superior Court Judge William M. White Jr. heard oral arguments from lawyers representing both the city of Lowell and Dominik Lay and will soon issue a decision on Lay’s residency, in “regular course,” he said Tuesday.
White was expected to issue a ruling during a hearing Tuesday, but delayed.
As The Sun has previously reported, Lay has sued the city of Lowell, along with each member of the Lowell Election Commission — Beverly Anthes, Jim Pope and Zoe lay Dzineku — over their ruling that Lay does not live in Lowell and, therefore, cannot fill an empty seat on the School Committee vacated by Robert Hoey. Anthes did not appear to be at the hearing, nor was she present at the last hearing.
Lay is seeking a ruling to clarify whether he lives in Lowell or Brighton. Living in Brighton would render him ineligible to serve on the Lowell School Committee.
The arguments by Christine O’connor, the lawyer representing the city and the head of the Law Department, and Roland Milliard, representing Lay, remained largely consistent with earlier arguments both have made.
O’connor has argued that Lay is a Brighton resident because his vehicle excise taxes have indicated his car is primarily garaged in Boston, his utility and other bills are sent to his Brighton address, he filed a Declaration of Homestead for his Brighton property in 2009, and he has received a residential tax exemption for his Brighton property reserved for primary residents, which is renewed by cross-referencing the information with one’s Social Security number.
Milliard, on the other hand, has argued that Lay has received various pieces of mail at his Lowell residence over the years, including medical bills and a wedding invitation. He has also voted in Lowell for years, and has a driver’s license with a Lowell address. He argued that the excise tax was issued to Lay’s sister, a co-owner of the car, even though Lay’s name is on the document. The tax exemption, he argued, was automatically renewed since Lay filed for it in 2011.