Charlestown
Southwestern Mutual Aid wants Cheshire County Superior Court to order Charlestown to pay about $30,000 for dues and the final payment on a loan the organization took out in 2010 to buy a building in Keene for its headquarters.
According to court documents, the mutual aid system has 77 members in southwestern New Hampshire. Charlestown joined in 1972.
In February 2015, the town sent a letter to Southwestern Mutual Aid informing the organization that the town was withdrawing its membership effective July 1 of that year and enclosed a check for $21,533, which is half of its annual dues of $43,066.
In its filing, Southwestern Mutual Aid said it forms its budgets on a calendar year based on member dues and contributions and its bylaws state any member can withdraw “but such withdrawal shall not be effective until 365 days from written notice of such withdrawal.”
“Because Charlestown’s withdrawal notice was received on or about Feb. 3, 2015, the notice could not have been effective until Feb. 3, 2016, and Charlestown’s obligation to pay annual dues continued accordingly,” the eight-page filing states. “Charlestown breached its contract by giving notice of less than 365 days prior to termination and failing to pay annual dues for the period of 365 days following its notice of termination.”
Southwestern Mutual Aid maintains that Charlestown owes $25,426 in dues.
The loan for $405,000 to buy the property land and buildings in Keene for a new headquarters was approved by 52 member towns, including Charlestown, the suit claims.
“By its vote, Charlestown promised to pay its proportional share of the loan,” the suit states.
The repayment was to be “equally” distributed among member towns and they were obligated “to pay their portion of the cost regardless of their membership status (or lack thereof) at any subsequent date.” Charlestown’s outstanding obligation is $4,968, according to the suit. The complaint is signed by the Southwestern New Hampshire District Mutual Aid Chief Phillip Tirrell and the organization’s attorney, Adam Kossayda of Bragdon and Kossayda of Keene.
Charlestown Selectboard member Steve Neill said Friday the town is in the process of preparing its rebuttal and did not want to comment further on what the town will say in its response.
Patrick O’Grady can be reached at pogclmt@gmail.com
