CASE ONGOING IN DISPUTE OVER BUILDING DEBRIS PILE

More than a month after the town of Fairfield and Julian Enterprises withdrew their civil lawsuits against each other to enter into an arbitration agreement, town officials are now getting updates.

“The case has not been settled yet,” town attorney Stanton Lesser said after the Jan. 2 selectmen meeting that included an executive session. “We do come to the Board of Selectmen and they have the right to settle cases and the claims pursued.”

Not commenting on pending litigation is part of legal strategy and the arbitration agreement was a change of forum, he added.

The town filed a civil lawsuit against Julian in May 2017 and sought $ 3 million in damages, claiming the company did not fulfill the terms of a three- year contract that called for the reduction of a pile of road construction debris. Julian Enterprises filed its own lawsuit against the town claiming defamation shortly thereafter, but both suits were withdrawn in mid- November.

News of the arbitration agreement came as a surprise to some of the selectmen and Board of Finance members, the latter demanding answers from First Selectman Mike Tetreau and Lesser.

In December, a town official expressed concern that article 9 of the town charter may have been violated since the selectmen were not notified of the arbitration agreement.

Article 9.3. C states that the town attorney shall “prosecute or defend, appeal from or defend appeals from, and make settlements of, litigation and claims, as the Board of Selectmen direct.”

Now, it appears some of those answers have been given.

“I want to thank the attorneys for giving us an update. The update was warranted,” Selectman Ed Bateson said at the Jan. 2 meeting. “As you know, ( Tetreau), Iwas upset that this matter didn’t come before the board. The attorneys provided a lot of insight as to what’s going in with the case and I appreciate it and it’s something I want to consid- er for the next couple of weeks.”

— humberto.juarez@hearstmediact.com