Teeboom wants injunction against Nashua
City asks for Teeboom case dismissal
NASHUA – Former Alderman Fred Teeboom wants to expedite the timeline on his lawsuit against the city, claiming Nashua’s government violated the charter, while the city’s attorney, Steve Bolton asked for the whole matter to be dismissed.
Teeboom, one of the people involved in the effort more than 20 years ago to establish a spending cap as part of the city charter, is suing city government for what he says are violations of the charter’s spending cap.
“The legal issue here is, is the city following scrupulously the charter?” Teeboom said.
Teeboom’s lawsuit claims the city’s recently passed ordinance to shift the wastewater operating costs out of the budget, and out of the calculations for the spending cap, is an illegal attempt to work around the charter.
Under the city’s spending cap, only a majority of 10 aldermen can vote to override the cap. However, ordinances, such as the wastewater ordinance, require just a simple majority.
The wastewater move resulted in space under the budget cap heading into the coming fiscal year. Teeboom said that is not true, and that the proposed city budget is actually over the spending cap. He wants Hillsborough County Superior Court Judge Charles Temple to intervene, imposing an injunction in the case to keep the city from passing a budget until he can prevail in court.
Nashua’s corporation counsel, Steve Bolton, asked Temple to dismiss the case, saying Teeboom cannot show that legal harm has been done as no budget has been passed, no city official is refusing to do his or her duty and the law has not been violated.
“The complaint is untimely and should be dismissed,” Bolton said.
Teeboom’s is the second lawsuit over the wastewater ordinance. Earlier this month, Alderman Daniel Moriarty filed a similar suit. Temple told Bolton and Teeboom that he will expedite the order in the case, though he may at some point combine it with Moriarty’s.