How much money has Somerset spent trying to collect $3.5M fine from Brayton Point?

SOMERSET — As the criminal case of the Somerset Board of Selectmen v. Brayton Point LLC proceeds through Fall River District Court, the town has incurred legal bills of more than $25,000 in an attempt to claim $3.5 million in zoning-related fines , with more legal expenses on the way.

The legal invoices from Fall River attorneys Arthur Frank and retired District Court judge Joseph Macy, hired by the town, were provided after The Herald News filed a public records request.

The invoices are for legal work done between Oct. 3, 2023, when Frank first met with the Board of Selectmen, until June 20, one of six court appearances by the attorneys in the Brayton Point case so far.

There was an additional court appearance on July 15 not included in the invoices, when Frank and Macy, along with Brayton Point attorney Patrick J. McBurney, argued a handful of motions submitted by each side. The motion hearing was postponed, and a new hearing is reset for Aug. 20 .

Zoning violations: Somerset takes Brayton Point to criminal court to collect nearly $3.5M in fines

What’s the case about?

In a fairly rare move, the Board of Selectmen filed two criminal charges against St. Louis-based Brayton Point LLC in early January to collect $3.5 million in fines for zoning violations the company committed in 2020.

Brayton Point LLC is working to turn the site, once the home of a coal-fired power plant, into a commerce hub for the emerging wind energy industry .

The Somerset Zoning Board of Appeals issued fines after issuing a cease-and-desist order against the company ; the board ordered Brayton Point's tenants, including a scrap metal business, to stop trucking materials in and out of the property.

Residents nearby complained of hazardous dust, noise and traffic generated by the tenant businesses. A neighborhood group, Save Our Bay Brayton Point, was formed and continues to be an outspoken critic of Brayton Point LLC.

The town and Brayton Point reportedly attempted to negotiate a reduced amount for the violations, but they have not come to an agreement even though a District Court judge cajoled both sides to negotiate.

"Both sides, at some point, need to become more realistic about what the value of the case is. Try to work it out," said Judge Paul Pino during a March 19 hearing where Brayton Point LLC attempted to get the case dismissed. Pino declined that request.

McBurney has made a few offers over the course of the case, most recently $70,200 to settle the fines and a request the charge of municipal bylaw violations be dismissed.

Frank and Macy objected to Brayton Point’s offer, calling it "woefully inadequate,” and saying the town had not been consulted “and completely disagrees with it,” according to a motion submitted by Frank.

How are Somerset and Brayton Point calculating the fines?

Somerset alleges that Brayton Point accrued 11,561 violations in 482 days after the company ignored the cease-and-desist order. The town calculated a $300 fine each time the scrap metal trucks went in and out of the Brayton Point property during that timeframe.

Brayton Point argues that, according to state law, “the town may only issue a single violation of the order to cease and desist operations per day,” according to McBurney.

Pino ordered Somerset to provide Brayton Point with documentation on the alleged 11,561 violations.

This article originally appeared on The Herald News: How much money has Somerset spent trying to collect $3.5M fine from Brayton Point?