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Speedy decision set to come in BOH injunction case

Citizens' group sues town over membership change

September 22, 2011
WORCESTER — The current five-member Board of Health might be on borrowed time.

How long it exists depends on the decision of Worcester Superior Court Judge David Ricciardone, which he promised to issue quickly.

"I'd say it's about 50-50," said attorney Kirstie Pecci, who represented a citizens' group seeking a temporary restraining order (TRO) against formally seating the two most recently appointed members. "You never know what'll happen with a TRO, but I'm certain we'll win on the merits of the case. I've talked to four or five municipal lawyers, and everyone has said it's clearly a three-member board."

She's referring to the ongoing dispute in Southbridge over the fact the charter states the board has three people, but a majority of the Town Council voted to add two, Dean Cook and David Williams, last month. Last week, several citizens filed suit claiming the appointments violate the charter and risk causing "irreparable harm to the town" by potentially opening the town to having any future board decision challenged because of the charter hasn't been changed properly.

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

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