The town could potentially be on the hook for compensatory damages related to a lawsuit filed in July by a contractor seeking permits that Belmont officials have denied because he allegedly owes the town nearly $30,000.
The Select Board met Monday night in executive session to discuss the litigation, according to an agenda posted late Monday afternoon.
“[On] our agenda, we had one item related to CAB Sewer,” said Select Board Chair Matt Taylor. “Because we felt it would impact the pending negotiations or litigation, and it was time sensitive, it couldn’t wait until our next meeting.”
Per Open Meeting Law, emergency meetings are defined as “a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.” The emergency must be of such a nature that there isn’t time to wait 48 hours to hold a meeting.
According to court records, Neal Johnson of Cab Sewer filed a civil complaint on July 1 against the town, alleging breach of contract, and intentional interference with prospective economic advantage and/or advantageous relationship, among other claims.
The original complaint details the terms of Johnson’s 2003 license agreement with the town, which allows Johnson to exclusively operate a private, force main sewer line in the area of Concord Avenue and the private roads of Somerset Avenue, Day School Lane, and Pinehurst Road. At the request of a homeowner on Concord Avenue, Johnson sought the necessary permits this spring to connect his sewer line to a house where the homeowner’s septic system had failed.
“We were only looking to attach these people to the force main,” said attorney Michael Magerer, who is representing Johnson. “All Mr. Johnson was trying to do was the right thing.”
The permits necessary were not issued due to allegations that he owed money to the town for an incident in 2019, for which Johnson denies responsibility.
That incident, according to an affidavit filed by Town Administrator Patrice Garvin in defense of the town, involved a raw sewage leak from a failed attempt to connect a home to Johnson’s private sewer line.
“After investigating, the town determined that the sewage could immediately reach a nearby brook, putting the town at risk of federal enforcement action,” she wrote. “After investigating, the town promptly responded to contain and remediate the breakout. Town staff contacted Johnson and asked him to take over the emergency response.”
The town’s response cost $28,685, which included overtime for responding over a holiday weekend, according to the affidavit. The cost was invoiced to Johnson, but despite repeated efforts over the years — including an agreement between Johnson and the town that he would pay $10,000 immediately, and the rest over the following two years — the bill has not been paid.
According to Garvin’s testimony, when Johnson reached out in late 2023 about a permit for a home on Concord Avenue, the town agreed to issue it on the condition the outstanding invoice was paid.
“After receiving the permit, Johnson did not make the payments as required and did not respond to further communications from Town staff,” she wrote.
On Aug. 8, 2024, the town sued Johnson to recover the cost of the cleanup.
Having still not received a response to the cleanup costs, the town refused Johnson the permit this spring to proceed with work on the Concord Avenue home. In response, he filed the July 1 complaint.
Testimony provided by Health Director Wesley Chin states the homeowner’s septic provider agreed to provide a temporary holding tank until the septic system could be replaced or the house connected to a sanitary sewer.
The complaint maintains the incident in November 2019 was not caused by, nor the fault of, Johnson. It also argues that per the agreement signed in 2003, “approvals shall not be unreasonably withheld or delayed.”
“There is a financial obligation that Mr. Johnson does owe to the town,” said Magerer, declining to elaborate on what the “exact amount” is. “But it’s our position that the license agreement would prevent the town from withholding a permit to attach somebody to the force main.”
Editor’s Note: A member of The Belmont Voice Board of Directors was previously involved in litigation against Neal Johnson for claims related to the incident in 2019.
