May 01, 2014WOLFEBORO — The Wolfeboro Board of Selectmen's April 23 meeting was scheduled for 7:30 p.m. rather than its usual 6:30 p.m. start to allow time for Chairman Linda Murray and Vice Chairman Sarah Silk to return from federal court in Concord.
Murray, Silk, Selectmen Brad Harriman, Dave Bowers, Town Manager Dave Owen, and Public Works Director Dave Ford have all been occupied in court or with court matters to various degrees since April 3 with the town's case against the Wright-Pierce Engineering firm, designers of the Rapid Infiltration Basins.
The town is charging professional negligence, breach of contract, negligent misrepresentation, fraudulent misrepresentation and violation of RSA 358-A- A, the Consumer Protection Act in connection with the problematic and underperforming waste water management system designed by W right-Pierce.
Murray said that she and Silk attended the pre-trial conference on April 3, and the day before the trial, April 14, the two were joined by Harriman in an all day court mediation session with Judge McCafferty to see if a settlement could be reached. There being none, the trial proceeded on April 15.
She reported that Judge De Clerico ruled in favor of the town in 8.5 of the 9 pretiral filings.
Wolfeboro, as the plaintiff, presented its case first in front of a ten-member jury. Murray was on the stand in the afternoon. Ford was on the stand all day on April 16, 17, 18, and, 21 with members of the board and Owen taking turns observing in support.
On April 22, Murray and Silk were again in attendance, as Ford took the stand for a half day followed by Russ How, Wolfeboro's Wastewater Treatment Plant operator. Murray said that Blake Martin of Weston and Sampson began his testimony late in the afternoon. The trial continued on the 23rd.
It appears that the case may go further than the previously expected conclusion of May 6, so the board agreed to modify the time of its May 7 meeting to 7 p.m. to allow time for Murray and Silk to return from court.