Fairfax Case Ends After 3 Years In Courts

As reported in the Tuesday, August 4, 2009 Issue Of The St. Albans Messenger

Case ends after 3 years in courts

By MICHELLE MONROE
Messenger Staff Writer

FAIRFAX — A three-year legal dispute between the Town of Fairfax and developer Gabe
Handy finally came to an end last week, after a day-long mediation session led to a settlement and a dismissal with prejudice signed by Franklin Superior Court Judge Gregory Rainville last Monday.

The dispute centered around water for a 47-unit senior housing complex Handy constructed on Old Academy Street and grew to involve charges of theft of water and age discrimination.

The two sides disagreed on the number of water meters to be installed in the complex. Handy wanted to install one water meter for the complex with the water and sewer bills to be paid by an association of the residents.

The Town of Fairfax said that no there had to be a meter for each unit.

Handy then requested 95 meters, a hot and cold water meter for each unit and a single meter for the common areas.

The town selectboard said no, arguing that two meters per unit was an unnecessary expense for the town.

Customers in Fairfax are charged a base fee for water and sewer operation and maintenance and then a per-gallon usage fee. For four years beginning September 1. Handy will pay only one base fee covering the units owned by Handy. As the units are sold, each unit owner will then be charged the base fee.

The two parties then released one another from all additional claims and counterclaims, including the charge made by the Town of Fairfax that either Handy or people working for him had broken a lock-box at the site and turned on water to the complex, a charge dismissed by Chittenden County Judge Matthew Katz and revived by the Town of Fairfax in Franklin Superior Court.

The agreement "does not include a pending property tax appeal by Handy.