Municipal Law - Town Charters

[zupspoon]

What is the name of your state (only U.S. law)?Maine

Our town charter states that one year after a town manager is appointed, that he or she "shall not reside in any other town". Our town council hired someone for the town manager spot who didn't want to move to our town, so the town attorney advised them that if he bought a house or condo in our town, the charter's requirement would be satisfied. He bought a condo that he rents out, and continues to live with his family in another town. I think that's nonsense considering the wording. Can I ask a court to force the town to comply with the charter?
Can I sue the town council for not following the charter?

 

[CdwJava]

Does the language actually say that he "shall not reside in any other town"?

Is the term "reside" or "residence" defined somewhere in the code? If not, perhaps having residential property in town might comply with the way the ordinance is written. Many municipal codes go back a ways to a time when they were written poorly, or, the laws have changed such that they cannot be effectively enforced.

You might want to go to the town council and bring this up or even the local press before you start paying for attorneys to go to court to fight the city.

Understand that with the right attorney and enough money, anyone can try to sue anyone else - even a city government. You might not prevail, but you can try.

 

[tranquility]

There needs to be specialized harm to gain standing on such things. The case would be booted immediately as it seems the OP is asking only as a citizen of the town.

 

[CdwJava]

Probably so. But, I would think that as a citizen of the town that might gibe him standing to pursue an action against the city for not adhering to its own regulations. If not, then why HAVE such regulations if they are not compelled to abide by them? Admittedly, this is an area of law that I have little experience in other than having to gather information for a defense to a lawsuit and to testify at court on civil issues now and again.

From a practical standpoint, it would seem far too expensive to pay an attorney to try and go after the town just to tweak the new town manager. Unless there is a serious axe to grind with the guy or the town council, I don't see the value in a civil suit anyway. MAYBE raising a ruckus in the media and at council meetings, but in court? I don't see the benefit in that.

 

[zupspoon]

Does the language actually say that he "shall not reside in any other town"?

That's exactly the wording. And no, there is not a definition of residence in the town charter. The fact is that this clause was included in the charter for obvious reasons. If the town council can ignore one part of the charter, why should it or anyone else adhere to anything else written into it? Which they don't unless it suits their agenda. I and others have already brought this up as an issue with the council and were told in so many words that they don't care what we think. It's that kind of attitude that is rendering the US Constitution less meaningful every year.

 

[tranquility]

I can't sue to have Obama removed from office for not being born in the U.S. even though I'm a citizen and would be affected from the variance from the Constitution.

Same here.

Even with the Obamacare suits, it is only because there are some direct mandates to the states can they get standing to sue in their citizen's stead.

This is a political question and/or one for the DA or Attorney General if there are false representations on filings covered by various statutes.