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Bristol Harbour Village taking South Bristol to court

The homeowners’ association for Bristol Harbour Village is moving forward with its legal challenge against the South Bristol Town Board that approved a 64 percent increase in homeowners’ sewer rates.

Attorney Mark Moretti with PhillipsLytle LLP, who represents Bristol Harbour Village Association (BHVA), said Wednesday documentation and other details are being gathering in preparation for the Article 78 court action.

The BHVA contends the increase is unjust, unfair and unreasonable — and a violation of rights. The Town Board was put on notice earlier this fall that the BHVA intends to pursue the case. The Town Board unanimously approved the rate hike Sept. 11. An average homeowner will see a jump from $504 to $893 a year in the sewer fee, according to BHVA. The association represents the development’s 347 households.

“We are gathering additional affidavits,” said Moretti. The town responded to a Freedom of Information Law request, and “that provided additional evidence in support of our position,” he said.

“We will have some expert reports to attach to papers as well,” added Moretti. The Article 78 is asking for a judicial review of the rate hike, he explained. He expected it would be filed soon after the first of the year.

Town Supervisor Dan Marshall declined to comment on matter due to the pending legal action.

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