Salisbury City Council Rejects Additional Legal Counsel For Developer Lawsuits

SALISBURY, Md. — The Salisbury City Council voted 3-2 Monday night against appointing additional legal counsel to assist the city with four ongoing lawsuits involving developers.

The resolution, introduced by City Solicitor Ashley Bosché, would have authorized a special litigation counsel to handle three of the four pending development cases. Bosché said the volume of litigation could become difficult to manage alongside her other responsibilities.

“Between my role as city solicitor and the demands of the litigation pending in the Circuit Court for the county, the volume is too much,” Bosché said.

Councilwoman Melissa Holland voted in favor of the measure but expressed frustration over the number of ongoing lawsuits involving the city.

“I think it’s ridiculous that we are sitting here tonight in this resolution because of the number of lawsuits incurred by the Mayor and the City right now,” Holland said. “It’s the fact that you’re put in this situation and you know, you can’t even keep up with what we’ve got going on over some nonsense.”

Mayor Randy Taylor was not present for Tuesday’s City Council meeting. He is largely credited by the Council for becoming entangled in multiple lawsuits with housing developers looking to build in Salisbury. One of those lawsuits is with Green Street Housing, who sued the City and Mayor Taylor for halting a major affordable housing project planned for an empty lot between the Route 50 drawbridges and Perdue processing plant.

In a statement to WMDT, Green Street Housing founder David Layfield said opting for more litigators will not resolve the underlying dispute. He said the following:

“It doesn’t matter which attorney is representing the City in our litigation. Our case is crystal clear. Randy has made up parking requirements that don’t exist, violated our long term parking lot lease agreement and unlawfully delayed our project. Anyone can read the law and get it. The court will too. The Council is right. Our lawsuit shouldn’t have existed in the first place. Instead, our 50 affordable homes should be going vertical right now. And as I have told Council and Mayor, it’s not too late for that; but the window is closing rapidly.”

Councilwoman Sharon Dashiell followed in Councilwoman Holland’s footsteps, also supporting hiring additional counsel, saying it could help Bosché manage the cases more efficiently.

“Ashley has taken many hours to, you know, as you’re saying, juggle and handle these lawsuits,” Dashiell said. “Someone else would take less time. Therefore, the hourly billing may not be that big of an issue.”

Dashiell continued, arguing the city should consider what would be most beneficial to taxpayers.

“I think we have to do what’s best for the taxpayers, and by doing so, we are hiring somebody who this is their specialty, and it can be done more effectively and more efficiently,” she said.

However, Councilwoman Angela Blake opposed the additional legal expense, arguing the city should not spend more money on the lawsuits with the risk of incurring long-term financial consequences.

“It’s council’s responsibility to not spend another dime when these lawsuits,” Blake said. “To be in a position where we have to get another legal representative to manage lawsuits is absolutely obscene.”

Councilwoman Michele Gregory also voted against the measure and expressed concern that the costs associated with the lawsuits could affect future generations.

“This is going to be something that my kids and your kids are going to end up paying for in the long run,” Gregory said.

Gregory also criticized the continued litigation involving developers, arguing they’re seeking to follow existing agreements and move forward with development, including affordable housing.

“We don’t have any control over [Mayor Taylor] starting these lawsuits,” she said. “Whereas if he would just issue permits and follow the contracts, I guarantee you these deposits would start drying up overnight.”

Council President April Jackson cast the deciding vote against hiring additional litigation counsel.

“We don’t have money for this, that or the other, but we have all this money for lawsuits that we’re not going to win,” Jackson said. “That’s the sad part. We’re not going to win these lawsuits.”

The 3-2 vote rejected the resolution and left Bosché responsible for continuing to handle the city’s pending litigation.