Montville legalities

Why has Montville, which has always taken pride in its frugal approach to town government, continuously been at odds with one of its largest taxpayers?

That's a question citizens should be asking as they ponder the latest legal dispute involving Rand-Whitney Corp., which comes on the heels of another protracted court battle with the company that wound up costing the town $11.68 million.

Two years ago a federal Appellate Court ordered the town to pay that amount to Rand-Whitney for failure to comply with a 1992 water contract, and chastened town leaders appeared ready to establish better relations with the company.

Now comes word that the town and Rand-Whitney are heading to federal court again, this time over sewer fee increases charged to the company in March 2009.

Last week Montville filed an appeal in U.S. District Court in Boston, seeking to overturn an arbitration panel's ruling that for the most part sided with Rand-Whitney. The panel had ordered both sides to return to negotiations to calculate service fees that Montville Water Pollution Control Authority charges Rand-Whitney for treatment of wastewater from the linerboard plant - but the town rejected that approach and decided to pursue an immediate appeal.

This is a risky gamble the town can ill-afford to lose. Why go to court so quickly, a costly approach, instead of trying to settle a dispute through negotiation?

With past lawsuits involving a mud slide that damaged numerous homes in 2005, and industrial waste that contaminated wells in the Pink Row neighborhood decades earlier, Montville has had its share of problems caused in part by poor oversight and failed leadership.

Last year voters, at this newspaper's urging, rejected a proposed charter change that would have shifted Montville from a strong mayor to a town manager form of government.

We still maintain the mayor-council system is best for Montville - but must remind people that all governments are effective only when citizens are well-informed and active.