Town of Westwood v. Westwood Land Trust
I do not support the Town’s decision to file a lawsuit against the Westwood Land Trust.
I do not support spending public funds, in any amount, in the absence of a clear public benefit. This has always been, and continues to be, the primary basis for my objection to the lawsuit. I do not believe it serves a valid public purpose.
I am also deeply troubled by the lack of transparency surrounding it.
I believe that this lawsuit is an unwelcome distraction and a drain on public focus, time, and resources. Westwood has far more important public issues to address right now.
I wrote and sponsored the Citizens’ Petition to Hold a Special Town Meeting, which provided a forum for public discussion and accurately measured public opinion. A majority of residents at the Special Town Meeting opposed the lawsuit and voted to ask the Town to drop it immediately.
For all of these reasons, I believe the Town should drop the lawsuit, immediately.
My position on this issue is widely known and has been made public in several ways.
For verified, factually accurate background information, and more details about my reasoning, please read the letter I wrote to the Westwood Minute on December 3, 2025, linked here:
You can find more details and history on this particular issue, including a video of my presentation at the Special Town Meeting, on the page “News & Updates."
I would like to add a few additional thoughts.
Regardless of which party “wins” the lawsuit, Westwood taxpayers lose, and could potentially lose big.
Westwood taxpayers should know that when the Select Board chose to pursue the lawsuit, it exposed the Town to a potentially huge liability and assumed, for all of us, the responsibility to pay the Land Trust’s legal fees to defend it, regardless of who "wins." This is clearly stated in Section IV.B of the Conservation Restriction which is the subject of the dispute.
Westwood taxpayers have already lost $475,000, the amount of an offer made by the original donors of the land in dispute to repurchase it, land which they have already purchased once and gifted to the Town, in order to preserve it as undeveloped conservation land. This offer, had the Town accepted it, would also have brought an end to the lawsuit and to the unwelcome community division it continues to cause. The Select Board rejected this offer on our behalf without public disclosure or discussion.
The Select Board claims to have spent roughly $20,000 of public funds in pursuit of the lawsuit, which appears to represent funds paid to its outside law firm. This is a misleading half-truth.
Town Counsel has done the bulk of the legal work associated with this dispute. Town Counsel is a full-time Town employee who serves at the direction of the Select Board. His annual salary of just under $150,000 is funded by Westwood taxpayers. His time spent on this matter over the last several years, at the expense of other Town priorities, represents a significant cost to Westwood taxpayers, something the Select Board has neglected to disclose.
The lawsuit is in its infancy and is currently on hold.
If the judge rules in favor of the Land Trust, and the Town chooses to appeal, the lawsuit would continue.
If the judge rules in favor of the Town, the Land Trust will almost certainly appeal, and the lawsuit would continue.
If the judge fails to rule on the merits, discovery will begin, and the lawsuit would continue.
In every scenario, legal fees, on both sides of the dispute, will continue to add up, and Westwood taxpayers will be handed the bill. For what public benefit?