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Wells officials heading to court in town lawsuit

Wednesday, February 27, 2013 - Updated: 8:40 PM

By CRISTINE MEIXNER

Express Editor

WELLS - Town of Wells Supervisor Brian Towers and Superintendent of Highways Clay Earley will soon be defending the town in Fulton County Supreme Court.

Both Towers and Earley have been asked to appear regarding a lawsuit brought against the town by C&D Processing, Mayfield.

The company alleges it had a written contract with the town for removing scrap metal from Wells Recycling Center that has not been honored. The town denies the allegation.

Towers said the town board never approved a contract and he never signed a contract with C&D Processing. “Quite frankly, we all thought this whole claim was so frivolous that it would simply go away,” he said Monday.In October 2011 Towers said the town would file a countersuit against C&D Processing, requesting dismissal and attorney fees.

Lee Olmstead of Northville owns C&D Processing junkyard on the west side of Rt. 30 in the Town of Mayfield. He is claiming breach of contract.

A dedicated fax line will be installed in the town court chambers at a cost of $45.24 a month.

The town’s Justice Department has worked for over a year with both the phone company and the New York State Unified Court System’s tech support to make the equipment in the court chamber also work for faxes and voice mail, to no avail. A dedicated fax line is seen as the only solution.

The court currently receives most faxes through the Town Office machine in the foyer of another building, creating the possibility of personal information being compromised.

In another matter,  hydroelectric plant revenues for January totaled $16,689; expenditures totaled $46. Resident George Place asked if the town makes money on the hydro-plant. Towers said since its inception the town has netted just shy of half a million dollars.

     

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