Town files counterclaim in Burrillville turf field suit
BURRILLVILLE – Saying that the lawsuit regarding installation of a synthetic turf field at Burrillville High School is based on speculative and unsubstantiated fears, the town has filed a counterclaim against resident Roberta Lacey requesting compensation for damages.
The counterclaim, filed on Friday, Nov. 15, states that Lacey and the Burrillville Land Trust civilly conspired to interfere with the contractual relationship between the town of Burrillville and FieldTurf USA, Inc.
The legal move comes in reaction to a lawsuit filed by Lacey in Rhode Island Superior Court in September charging that the field contains chemicals that have the potential to contaminate the town water supply and that the project should have required Zoning Board approval.
The turf, the final piece to a larger effort to upgrade school athletic facilities that included lighting, an ADA-accessible viewing plaza, a six-foot-wide walking path and a 1,000-seat grandstand, was set for installation prior to the suit, which has focused on concerns about PFAS, or per- and polyfluoroalkyl substances, known as “forever chemicals, and the field’s location over an aquifer.
Testing ordered by the town has shown only trace chemicals in the proposed field materials, and concluded the installation poses no threat to human health. But Lacey and other opponents have questioned the adequacy of testing methods, and laid out concerns and objections ultimately leading to the litigation, filed by Attorneys Michelle Hawes and Marisa Desautel of Desautel Browning Law.
A temporary restraining order halted installation scheduled for October, and was later extended pending hearing of the case.
A temporary restraining order halted installation scheduled for October, and was later extended pending hearing of the case.
The Burrillville Land Trust is among local groups that have expressed opposition to the project, and the organization has helped with efforts to raise funds for the ongoing litigation. Represented by Attorney Anthony DeSisto and Town Solicitor William Dimitri, town officials note in the counterclaim that Lacey did not file her lawsuit until after construction of the field had begun, and that the “belated,” litigation “harms Burrillville taxpayers by delaying the completion of the project.”
The suit specifically cites two articles published on NRI NOW in advance of the contract with FieldTurf to design, manufacture, and build the field, one on July 29, 2022 regarding formation of a committee to spearhead the project and a second on January 3, 2023 about the council’s decision to commit up to $5 million on the project.
“Lacey has intentionally interfered with the contract between the Town and FieldTurf, USA, Inc.,” the claim states. “The town should be compensated for the damages that it has sustained as a result of this tortious interference.”
The town states the suit has lead to increased costs for storage of the materials to be used for the field and for other construction costs for the project.
“Lacey’s lawsuit is based on speculative and unsubstantiated fears, not evidence,” it states.
Hearings in the case are ongoing with Associate Justice Melissa Darigan currently set to hear the arguments regarding a preliminary injunction on Tuesday, Dec. 10 and Wednesday, Dec. 11.
Hearings in the case are ongoing with Associate Justice Melissa Darigan currently set to hear the arguments regarding a preliminary injunction on Tuesday, Dec. 10 and Wednesday, Dec. 11.
