Wethersfield Taxpayers Association
Sues Town of Wethersfield and Council
To Comply with its Town Charter
Regarding Two, Certified Petitions
with 1100 Signatures of Voters
For Turf and Lights Referenda
(text)
Return Date: August 24, 2004
Superior Court: Judicial district of New Britain
Wethersfield Taxpayers Association, Inc.
vs.
Town of Wethersfield and the Town Council of the Town of Wethersfield
July 17, 2004
ACTION SEEKING MANDAMUS TO ENFORCE INITIATIVE
1. The plaintiff, WETHERSFIELD TAXPAYERS ASSOCIATION, INC., is a Connecticut corporation authorized to do business in the State of Connecticut whose members are individual residents and taxpayers of the Town of Wethersfield.
2. The Defendant, TOWN OF WETHERSFIELD, is a Connecticut municipality.
3. On or about May 12, 2004, under section 312 of the Charter of the Town of Wethersfield, the Plaintiff submitted two petitions to the Wethersfield Town Clerk for the adoption of two (2) ordinances which petitions bore the requisite number of signatures requiring the Town of Wethersfield to either (a) adopt the ordinances or (b) to submit the ordinances to the electors of the Town of Wethersfield at a special election or referendum. Copies of the proposed ordinances are attached as Exhibit A.
4. On or about May 12, 2004, the Town Clerk certified that the petitions bore the requisite number of signatures, totaling at least five percent (5%) of the total number of electors in the Town of Wethersfield, to require action by the Town of Wethersfield under section 312 of the Town Charter.
5. Despite the mandatory directive in Section 312 of the Town Charter, on May 17, 2004, at its next regular meeting after certification of the petitions for the proposed ordinances, the Town Council failed to accept the Town Clerk's certification of the Plaintiff's petitions.
6. I has been more than sixty (60) days since the Town Clerk certified the petitions to the Town Council but the Town Council has failed to adopt the proposed ordinances.
7. Pursuant to Section 312 of the Town Charter, the Town Council is required to submit the proposed ordinances to the electors of the Town of Wethersfield at the regular election scheduled in November, 2004, which is within six (6) months of the date the petitions were certified by the Wethersfield town clerk.
WHEREFORE, the plaintiff claims:
1. An order that the defendants forthwith, submit the ordinances to the electors of the Town of Wethersfield at the regular election on November, 2004.
2. Such other relief as the Court may deem appropriate.
Plaintiff, Wethersfield Taxpayers Association, Inc.
By:
Margaret F. Rattigan
Murphy, Laudati & Kiel, P.C.
270 Farmington Avenue, Suite 360
Farmington, CT 06032
Juris No. 104060
(860) 674-8296
