The latest standoff in the RIB lawsuit concerns who is going to pick up the tab for a court appearance in early February. WP filed a motion to compel the town to allow their wetlands expert to examine the RIB site. Wolfeboro refused, and they argued it before the Judge. WP lost and Wolfeboro asked to be awarded their attorney’s fees in defending against the motion. WP has objected.
Right after the hearing, Mr. Ford told me that the town had been awarded costs. The next day the order was posted. In the order denying motion to compel, the court said that the town’s outstanding request for fees must be submitted as a motion, and cited the applicable rules. In their letter to us, the Selectmen interpret this procedural direction as an “invitation to file for costs”.
The money on the table is an arguable $4,000 and change. The town has had to prepare the motion for costs and will probably now file a response to WP’s objection.
Just under seven weeks to the trial.