Teboom wants ruling reconsidered

Seeks new outcome in city spending cap case

NASHUA – Former Alderman Fred Teeboom wants Hillsborough County Superior Court Judge Charles Temple to reconsider the ruling he issued last week that stopped the lawsuit against the city.

“Judge Temple’s decision is just plain wrong, on fact and on law,” Teeboom said.

Teeboom and former alderman Daniel Moriarty sued the city last year claiming that an ordinance to change the accounting for the wastewater budget was actually an effort to illegally work around the city’s spending cap.

Temple ruled last week that Nashua’s spending cap, approved by voters twice, is legally unenforceable. Teeboom said Tuesday that the ruling ignores state law. He wants Temple to go back and reconsider the case.

“The Nashua spending cap was twice affirmed by the voters in Nashua; the second time with an overwhelming majority,” Teeboom said. “This is a clear case of the court, in ignoring law and facts, substituted its policy choices for the will and rights of the voters and taxpayers.”

Steve Bolton, Nashua’s corporate counsel, said Tuesday he is not worried about the challenge to the decision.

“The court’s order was detailed and well-reasoned,” Bolton said. “The order fully addressed the matters raised in Mr. Teeboom’s motion for reconsideration. I do not expect that the court will be persuaded to alter its order.”

The spending cap remains in the city charter. The cap limited the amount of money the city could raise its budget, based on spending in the general fund budget in the prior year. The wastewater ordinance removed the city’s wastewater budget from the general fund budget, artificially creating close to $10 million in cap space in the fiscal year 2018 budget.

Damien Fisher can be reached at 594-1245 or dfisher@nashuatelegraph.com or @Telegraph_DF.