Wastewater Lawsuit - So, Where Do We Go From Here?
We have just posted an easy to read chronology that helps us understand how we got here.
In addition to the significant developments in the Wastewater Lawsuit posted earlier, we have now posted Town Administrator Fred Turkington’s Deposition, which you will find below.
As previously reported in the Wayland Town Crier, the Town of Wayland lost by a vote of 14-0 and was ordered by the court to pay $989,744 in damages to the developers, Twenty Wayland LLC.
It is difficult to estimate the cost of Wayland providing specific performance per the 1999 MOA as ordered by the court. If that includes constructing a new groundwater discharge facility at the town building ball field, with piping to and from the wastewater plant, that could easily add a million dollars or more to the already $1,2000,000 awarded to Twenty Wayland.
There have been 3 significant new developments in the town center developer’s lawsuit against the Town of Wayland and the Wastewater Commission.
1. In addition to the $989,774 in damages awarded by the jury on June 11, the court has ordered us to pay an additional $237,000+
2. In addition to paying these amounts, Wayland is ordered by the court to make Twenty Wayland whole on the 45,000 gallons per day capacity mentioned in the 1999 Memorandum of Agreement and to pro-rate the developer’s fees per that same document.
3. The judge has left the door open for additional filings by the parties.
August 28, 2013 Court docket entry # 42 Twenty Wayland's opposition to Wayland's post-trial motions (dated Aug. 8)
July 26, 2013 Wastewater Chronology created from public documents
July 18, 2013 Town Admininstrator Deposition
June 24, 2013 Court Docket Entry #39 Wayland’s Motion seeking more time to oppose document #37
June 24, 2013 Judge Curran’s Judgment (reader friendly version) increases damages to $1,227,485.49 and requires performance under the 1999 MOA
June 21, 2013 Court Docket Entry #37 Twenty Wayland’s Motion for Entry of Proposed Judgment
June 11, 2013 Jury Verdict awards $989,744 in damages to Twenty Wayland LLC
January 10, 2013 Court Docket Entry #29 Judge Curran’s Memo and Order Denying Wayland’s Motion to Dismiss Sewer Charge Claims
November 19, 2012 Court docket entry #22 Deposition of town administrator Frederic Turkington. Yellow highlighting represents the portion admitted into evidence by Judge Curran on first day of trial because Turkington was not appearing in person to testify. This is a large document and may take awhile to download.
November 16, 2011 Complaint, Twenty Wayland LLC claiming breach of contract
For documents about the DEP’s 2011 sewer connection permit, Click Here
June 7, 2011 DEP Final Permit for Twenty Wayland’s sewer connection
6.25.07 and 7.2.07 Correspondence between Fred Turkington and Twenty Wayland’s attorney about wastewater capacity commitment
11.8.13 Deadline for submitting written public comment to DEP for the WWMDC's draft Individual Permit to build the alternative groundwater discharge permit at the town building's athletic field. Here are links to the Permit Application, the Fact Sheet for filing public comment, and the Draft Permit.
6.10.13 Wastewater jury trial began, ended next day
6.6.13 Wayland’s Town Counsel disagrees and argues in support of the General Permit
6.6.13 Ten Wayland residents agree with DEP Boston’s legal analysis
5.30.13 DEP’s General Counsel in Boston agrees with ten Wayland petitioners that the WWMDC should have applied for an Individual Permit, not a General Permit. DEP recommends WWMDC withdraw its application for a General Permit and apply for an Individual Permit
5.28.13 Telephone Conference Call settlement discussion: WWMDC’s legal counsel, residents, DEP’s General Counsel
5.2.13 Ten Wayland residents appeal the DEP’s permit because it was the wrong permit.
4.2.13 DEP issues groundwater discharge permit to allow the wastewater commission to construct a facility near the playing fields adjacent to Wayland Town Building. DEP declined to offer a public hearing.
2.14.13 DEP announces 30-day public comment period on the wastewater commission's application for a state permit to construct a groundwater discharge facility at Wayland Town Building's athletic field.
1.24.1313: Letter from the DEP to Fred Knight, WWMDC chair, with the last page showing the legal notice published in the Wayland Town Crier on Feb. 14, 2013.
1.17.13: Application for a Groundwater Discharge Permit, Notice of Intent submitted by engineering consulting firm Tighe & Bond on behalf of the Town (without attachments)
1.15.13 New Wastewater Consent Order from DEP
Wayland’s Fred Turkington and Fred Knight have signed on the dotted line and committed the Town to a legal agreement for a new wastewater management plan. Below are links to the DEP letter to Fred Turkington, as well as the Administrative Consent Order.
1.15.13 DEP Letter to Fred Turkington – Wayland Wastewater Management Plan
1.15.13 DEP Administrative Consent Order - Town of Wayland
1.14.13 Original Trial Date, postponed until June (reported death in judge’s family)