WRIT OF MANDAMUS

 

 

Taxpayers – When all else fails and

town leaders are violating their own laws,

consider filing a Writ of Mandamus action!

 

 

The following website, http://www.cga.ct.gov/2003/pub/Chap918.htm ,

will bring you to the Connecticut State Statutes regarding Writ of Mandamus actions which taxpayers can consider utilizing when they believe their government is not adhering to its own laws / legislation.

 

The Wethersfield Taxpayers Association, Inc. on July 17, 2004 initiated such an action against the Town of Wethersfield and the Town Council of Wethersfield.   

 

The ACTION SEEKIING MANDAMUS TO ENFORCE INITIATIVE reads as follows…

 

1.                  The Plaintiff, WETHERSFIELD TAXPAYERS ASSOCIATION, INC. is a Connecticut corporation authorized to do business in the State of Connecticut whose members are individual residents and taxpayers of the Town of Wethersfield.

 

2.                  The Defendant, TOWN OF WETHERSFIELD, is a Connecticut municipality.

 

3.                  On or about May 12, 2004, under section 312 of the Charter of the Town of Wethersfield, the plaintiff submitted two petitions to the Wethersfield Town Clerk for the adoption of two (2) ordinances which petitions bore the requisite number of signatures requiring the Town of Wethersfield to either (a) adopt the ordinances or (b) to submit the ordinances to the electors of the Town of Wethersfield at a special election or referendum.  Copies of the proposed ordinances are attached as Exhibit A.

 

4.                  On or about May 12, 2004, the Town Clerk certified that the petitions bore the requisite number of signatures, totaling at least five percent (5%) of the total number of electors in the town of Wethersfield, to require action by the Town of Wethersfield under section 312 of the Town Charter.

 

5.                  Despite the mandatory directive in Section 312 of the Town Charter, on May 17, 2004, at its next regular meeting after certification of the petitions for the proposed ordinances, the Town Council failed to accept the Town Clerk’s certification of the Plaintiff’s petitions.

 

6.                  It has been more than sixty (60) days since the Town Clerk certified the petitions to the Town Council but the Town Council has failed to adopt the proposed ordinances.

 

7.                  Pursuant to Section 312 of the Town Charter, the Town Council is required to submit the proposed ordinances to the electors of the Town of Wethersfield at the regular election scheduled in November, 2004 which is within six (6) months of the date the petitions were certified by the Wethersfield town clerk. 

 

WHEREFORE, the plaintiff claims:

 

1.                  An order that the defendants forthwith, submit the ordinances to the electors of the Town of Wethersfield at the regular election on November, 2004.

 

2.                  Such other relief as the Court may deem appropriate.