Fairfax, Handy dispute to date.....
By RICK BURNHAM
Messenger Sraff Writer
A 47-unit senior housing complex just off Route 104 in Fairfax sits empty due to a dispute over water meters between the owner - Colchester developer Gabe Handy, and the Town of Fairfax. .
Handy originally requested that only one meter be used to guage water being used by the 47 residents there, reasoning that an association would take care of the paying the water and sewage bills. Referencing town ordinances, the town said no, that 47 meters would be required to sufficiently account for the water supplied to the building.
Handy countered with a new plan using 95 meters - one hot and one cold for each unit, plus one extra meter to account for the common areas of the complex. The town would not budge, restating its preference for 47 meters.
Handy took Fairfax to court in Chitienden County in December, and Judge Mathew Katz ruled in the developer's favor. Fairfax alleged in January that Katz was biased in the case. Administrative judge Marie Davenport said they were wrong in February.
Handy went back to court in March, requesting that the water be turned on immediately. Katz again ruled in his favor, and, in April, Fairfax again said he was biased in his decision. Davenport again ruled against the town May 17.
In addition, a long; held allegation by Fairfax officials that Handy had destroyed a lockbox and stole water was dismissed by Katz in March. The town took that issue to Franklin County Superior Court May 11, requesting a preliminary injunction be imposed, essentially allowing the town to install another lock box on the water system. Judge Alden Bryan denied that request, along with a request by Handy that the whole stolen water issue be dismissed.
See today's accompanying article for the latest developments in the case.
http://www.samessenger.com/index.php?option=com_content&task=view&id=1111
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