IPSWICH – The Select Board and Town Manager Stephen Crane announce that the Town of Ipswich has prevailed in a civil action filed against elected and appointed officials concerning the ongoing public safety building project.
Superior Court Judge Elizabeth Dunigan ruled that the Select Board acted within its statutory powers in directing $2 million in federal American Recovery Plan Act funding toward the project and dismissed the request for civil action filed by 10 taxpayers.
Judge Dunigan also dismissed a claim alleging that the Town, Town Manager Crane, and Planning Board members violated the Massachusetts Civil Rights Act, stating that the Town and these individuals cannot be held liable.
Further, Judge Dunigan ruled that Town Manager Crane did not violate the Act as an individual, stating that he acted in his official capacity and within the scope of his employment.
The rulings may be found here.
“We are grateful to the court for its careful consideration of the facts of this case,” Town Manager Crane said. “As elected and appointed officials, we will continue to work professionally toward building a modern public safety building our first responders deserve.”
As part of this project, town officials will be seeking a bylaw change at the Annual Town Meeting, which convenes on Tuesday, May 14. If approved, Article 11 will amend the zoning bylaw to mitigate the need for the three ZBA variances granted for the project that are pending appeal and allow construction to move forward.
Town Meeting will be called to order at 7 p.m. at Ipswich Middle/High School, 134 High St.