Murtha Cullina LLP

March 13, 2018 - Municipal Client Prevails Before Connecticut Supreme Court Against Metropolitan District Commission

Hartford, CT (March 7, 2018)…Murtha Cullina LLP recently prevailed in the Connecticut Supreme Court on behalf of the Town of Glastonbury in a lawsuit against the Metropolitan District Commission (MDC).

Murtha Cullina attorneys Joseph B. Schwartz, Robert E. Kaelin and Proloy K. Das successfully argued that the MDC’s imposition of nonmember town surcharges was illegal.   From 2006-2011, the MDC imposed surcharges on customers living in nonmember towns, such as Glastonbury, in an amount wavering from $40 to $50 annually. However, in 2012, the MDC increased these surcharges to $158.16, and in 2013, raised it again to $635. After town residents complained, the Town uncovered that there was no legal authorization for the MDC's surcharges. The MDC maintained its authority to impose these surcharges, prompting the filing of a declaratory judgment action by the Town. Tuesday’s unanimous Supreme Court decision affirms an earlier ruling by a Superior Court judge, who had granted the declaratory judgment in favor of the Town on its complaint challenging the MDC’s surcharges. Attorney Schwartz is co-chair of the firm’s Municipal Practice Group and Attorneys Kaelin and Das are members of the firm’s Appellate Practice Group.

The Municipal Law Practice Group of Murtha Cullina LLP includes attorneys with experience that extends to virtually every type of legal service that is required by a municipality. At present, our firm serves as special counsel and/or town attorney to approximately 30 municipalities in Connecticut

The Appellate Practice Group of Murtha Cullina LLP regularly represents municipalities before our appellate courts and has filed several amicus briefs in supreme court cases on behalf of the Connecticut Conference of Municipalities advocating for the interests of municipalities. In 2017, the Connecticut Law Tribune named Murtha’s Appellate Practice Group as its “Litigation Department of the Year.”

For more information about the Municipal and Appellate Practice Groups please contact the Municipal Group Co-Chairs Kari L. Olson at 860-240-6085 or kolson@murthalaw.com, Joseph B. Schwartz at 860-240-6067 or jschwartz@murthalaw.com, or the Appellate Group Chair Proloy K. Das at 860-240-6076.

About Murtha Cullina LLP

With more than 100 attorneys in six offices throughout Connecticut, Massachusetts and New York, Murtha Cullina LLP offers a full range of legal services to meet the local, regional and national needs of our clients. Our practice encompasses litigation, regulatory and transactional representation of businesses, governmental units, non-profit organizations and individuals. Core practice areas include litigation, insurance recovery, labor and employment, bankruptcy and creditors’ rights, construction, energy, health care, trusts and estates, affordable housing, real estate, land use and retail and hospitality. 

Murtha Cullina is the exclusive member firm in Connecticut for Lex Mundi – the world’s leading network of independent law firms with in-depth experience in 100+ countries worldwide; and the exclusive Connecticut member firm of State Law Resources, an international network of independent law firms. For more information, visit www.murthalaw.com.

# # # #

 

2018 Murtha Cullina LLP All Rights Reserved.