If the Town of Wilton refuses to call a second referendum on the Miller-Driscoll school renovation project, Sensible Wilton plans to seek “judicial intervention,” a legal memo to First Selectman Bill Brennan says.
A note sent out Sunday by an official Sensible Wilton email account said the group “will commence litigation to pursue the electors’ rights as secured by the Charter” if a second vote is not called.
A letter sent by Sensible Wilton's attorney Simon W. Reiff to First Selectman Bill Brennan, asks the "Board of Selectmen to respect its legal obligations under the Town [Charter] and to submit the Petition to a vote at a Special Town Meeting so as to avoid the unnecessary escalation of this matter.”
Wilton's legal counsel, Ken Bernhard, has previously argued his client has no obligation to call a revote on a bonding issue. The Board of Selectmen is scheduled to discuss the petition tonight, Monday, May 17 at 7:30 at Town Hall.
“After a resolution is passed by the Town Meeting,” Bernhard wrote in a recent legal opinion. “the Charter... does not provide for further legislative input by the Town Meeting, by ordinance or otherwise.”
Because the “power of a municipal corporation to repeal an ordinance or resolution is… as broad as the power to enact it,” if a group of citizens does not have the right to call a bonding resolution, they do not have the right to call for the repeal of a bonding resolution, either, he wrote last week.