Today we enter the new post-trial phase of the lawsuit. Wright Pierce has filed a motion to stay any hearing and ruling by the court on the Consumer Protection claim, pending the outcome of “various” other post-trial motions that presumably will be filed soon.
Wright Pierce is asking that those motions be heard prior to any final determination on the Consumer Protection claim. In addition, they have an outstanding motion that deals directly with their request for a directed verdict on the CPS issue claiming insufficient evidence.
Then there’s a potential appeal….
Not sure how long this kind of activity will take, or if there is a way the town can leverage a favorable settlement from the circumstance. I don’t know how realistic this would be, but what if Wright-Pierce were to accept a structured settlement that included fixing the RIB system and demonstrating some capacity over say – six months to a year, with subsequent cash payment dependent on that capacity.
The advantage to Wolfeboro would be that bulldozers could be at work this year, and if the remediated capacity were 300,000 – 400,000 gallons, the town could pocket whatever excess cash were in the deal and use the existing seasonal spray fields for the remainder, if necessary. It would not be possible to demonstrate capacity more than 400,000 gpd because we don’t generate more than that, so maybe legal fees, cash for the unprovable (and probably unattainable) 600,000, and then demonstrated performance or cash for what they can salvage.
If Wright Pierce declined, or tries and fails, that would be proof positive that the site is useless and the town would get the full settlement to do something else. At least we would be working toward a solution to the real problem.
Wright Pierce gets the opportunity to save their reputation and “not leave town till it’s fixed” as they claimed at trial. Wouldn’t it be better to start fixing the problem?