Lynnfield,  September 28 2018

Lynnfield Center Water District responds to selectmen’s resolution

[Editor’s note: The following is a memo issued to the Town of Lynnfield Board of Selectmen from the Lynnfield Center Water District Board of Commissioners, dated September 24, 2018. The subject of the memo is titled “Response to Proposed Resolution by Richard Dalton, Chairman, Town of Lynnfield Board of Selectmen”]

 

The Lynnfield Center Water District (hereinafter the “District”) has conferred with its legal counsel regarding the proposed resolution proffered by Chairman Dalton. An excerpt of Attorney Christopher T. Casey’s, managing partner of Casey & Lundregan, P.C. in Salem, opinion is as follows:

First: the resolution, even if adopted by the Board of Selectmen, will have no legal force and effect against the LCWD. As Chairmen Dalton, himself, acknowledges in his resolution, “water service in the Town of Lynnfield is not provided by the town government, but by two independent water districts chartered by the state legislature.” Specifically, the LCWD was created as an independent “body corporate” by Chapter 336 of the Acts of 1939.

On Chairman Dalton’s suggestion that the by-laws be revised to ban District employees from serving on the Board of Water Commissioners, Attorney Casey comments as follows:

Nothing in the Act that created the LCWD, Chapter 336 of the Acts of 1939, or in any of the amendments thereto,

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