Judge denies Teeboom’s motion to reconsider
NASHUA – The lawsuit over Nashua’s spending cap may finally be over, now that Hillsborough County Judge Charles Temple denied motions to reconsider the case.
In a decision released Wednesday, Temple denied motions to reconsider from former aldermen Fred Teeboom and Daniel Moriarty. Temple’s concise decision states he did not overlook or misinterpret any law as Teeboom and Moriarty claim in their motions.
Teeboom said Wednesday he is exploring the option of appealing the case, and is in discussions with an attorney to take up his cause. He said Temple’s Wednesday ruling is not surprising.
Teeboom is sharply critical of Temple’s rulings in the case, and claims they show a bias in favor of the city.
“I think it’s judicial misconduct,” Teeboom said.
Teeboom and Moriarty sued the city last year, claiming that Mayor Jim Donchess and the Board of Aldermen violated Nashua’s spending cap through a scheme to move the wastewater operating budget out of the general fund budget, artificially creating space under the cap.
Temple ruled last month not on the merits of the case, but on the spending cap itself. Nashua’s spending cap, which Teeboom helped author in the 1990s, lacks the legally required override exemptions and is therefore legally unenforceable, Temple ruled.
While Teeboom and Moriarty challenged the ruling with their motions to reconsider based on what they felt were overlooked legal issues, Temple was short when he stated he did not overlook anything.
Temple was similarly short when dispatching Teeboom’s motions to sanction the
city for allegedly failing to share what
he thought was a discoverable piece of evidence.
The city filed a document in October seeking a finding of of fact regarding the spending cap’s lack of proper override exemptions. Teeboom said he never saw this document until after the February ruling against his argument, and filed for sanctions for what he deemed was a violation of evidence discovery rules.
In Wednesday’s ruling, Temple stated that document was filed correctly by the city, and not discoverable.
“This motion does not have any basis in fact or law,” Temple wrote.
Nashua’s Corporation Counsel Steve Bolton said he was not surprised by the ruling.
“The court’s response to (Teeboom’s and Moriarty’s) motions was as expected but pleasing nevertheless,” Bolton said.
Damien Fisher can be reached at 594-1245 or email@example.com or @Telegraph_DF.