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'One down, one to go'

Charlton wins BATG case by default

January 06, 2011
CHARLTON — The town recently won its first landfill court case — but whether it can get much money from it is iffy.

"I have recently been informed that we won the case with BATG," Town Administrator Robin Craver told the Board of Health Tuesday, Jan. 4. "They have defaulted and we've been awarded [$5,665] in attorneys' costs."

In a two-page order dated Dec. 30, Judge Kathe Tuttmann dismissed BATG's case against Charlton for failure to produce required documents despite repeated requests over more than a year.

Craver said Charlton was seeking "the paper trail to understand what happened," including what kinds and quantities of material BATG brought to the Flint Road landfill. Their arrangement was that BATG could make money hauling material there for disposal in lieu of being paid by Charlton to cap the landfill.

"Unfortunately, there have been claims submitted against BATG prior to this judgment, and the town has to get in line behind them" to get money, Craver said, adding there's an evidentiary hearing regarding Charlton's request for damages March 16 at Middlesex Superior Court in Woburn.

For more on this story, please see tomorrow's Southbridge Evening News.

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