Victory for Town of Salisbury in Equal Protection Case

On December 16, 2014, Attorney Thomas W. McEnaney secured a victory for the Town of Salisbury and several former and current Town officials from the U.S. First Circuit Court of Appeals in its decision upholding the dismissal by the U.S. District Court of all claims in Tomaselli, et al. v. Beaulieu, et al.  The plaintiffs had filed suit against the Town challenging a sewer betterment assessment imposed in 1992, as well as the Town’s methodology for assessing sewer user fees.  The plaintiff’s claims included several tort and civil rights claims against the Town and individual defendants, and claims of violations of the Equal Protection clause, First Amendment rights and a taking without just compensation.  Attorney McEnaney, assisted by Attorney Janelle M. Austin, obtained dismissal of all claims by the U.S. District Court in August of 2013, which was thereafter upheld on appeal to the First Circuit.