News from Montpelier
March 8, 2008Windsor schools lose battle for $500K
March 8, 2008
By JOSH O’GORMAN Herald Staff
MONTPELIER — The Vermont Supreme Court ruled Friday that the Windsor School District will not be able to recoup about $500,000 in legal expenses following a long legal battle with the state Department of Corrections.
“We are pleased that the Supreme Court found that the school district’s request for further compensation was unreasonable and we are glad to put this matter to rest,” DOC Commissioner Robert Hofmann said Friday.
The Windsor School District has been engaged in lawsuits with the DOC over a piece of land the DOC had given the town that later turned out to be contaminated.
According to the Supreme Court’s decision, the state operated a prison in Windsor until the early 1970’s, and between 1954 and 1958 ran a wood treatment facility on the property.
The wood was dipped in a combination of kerosene and a wood preservative called pentachlorophenol, the court said, and these substances contaminated site.
In 1976 the DOC gave the land to the town. Nobody was aware of the contamination until the DOC contacted the district superintendent in 1995, the court said.
Windsor hired two consulting firms to investigate the property for contamination and in November 1995 the town contacted the DOC telling them of the findings and asked the DOC to assume the full cost of site clean-up.
The Vermont Agency of Natural Resources hired contractors and subcontractors to clean up the site.
Ed Connors, business manager for the school district, said that now the land is used for a football field and a track.
In October 1996 Windsor filed suit against the state and the DOC in Windsor Superior Court seeking compensation for legal and consulting costs. The court found in favor of Windsor and awarded the town $228,981.
Windsor appealed, seeking prejudgment interest on the bank loans the town had taken out to pay for the attorneys and the consultants in the first place, the court said, as well as further legal costs incurred in lawsuits between the town and the state and the town’s lawsuits against its insurers.
The Supreme Court in its ruling rejected these claims for further compensation.
“The bottom line is that the school district did nothing wrong and they are not able to recoup their legal fees,” school district attorney Robert E. Manchester said.
Manchester did not have an exact figure but said that the district will have spent at least $500,000 in legal costs that it will not be able to recoup.
Manchester said there are no further appeals after the Supreme Court, but there is the possibility of rearguing the case. Manchester said that he did not know if the district would pursue rearguing the case.
Superintendent Brenda Needham could not be reached for comment.
“This will be a bitter pill for Windsor residents to swallow when they are trying to keep their school budgets down,” Manchester said.
Contact Josh O’Gorman at josh.ogorman@rutlandherald.com.
