Nolen v. Aldrich Public Library et al

Filing 20

MOTION for Dismissal Without Prejudice filed by Aldrich Public Library, City of Barre, Timothy Bombardier, Karen Lane, Andrew Marceau, Nancy F. Pope, Ross Weiland. (Attachments: # 1 Appendix, # 2 Certificate of Service)(law)

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APPENDIX __ _,; ·....__. City of !Ba'l!i.E, Cl/e'tmont "G R A N I T,E C E NT E R 0 F THE W0 RL D" P.O. Box283 BARRE, VT05641 (802) 479-2989 (802) 479-2881 FAX OLIVER L. TWOMBLY CITY A TIURNllY February 10, 2011 Elizabeth LaPerle Vermont State Employees Credit Union 365 Paine Turnpike North ·BerHn;-VT-05602---.. ,- -- -.... Re: Carolyn S. Dawes Dear Elizabeth: I am writing this letter to you at the request of Carolyn S. Dawes in connection with her pending mortgage loan application which you are handling for her. I understand that because Carol is named as a defendant in two law suits (Brenda Brown et al v. City of Barre et al and Wallace Nolen v. City qfBarre et al) that her application has reac-hed an impasse due to the speculation that there maybe personal liability imposed against Carol. I am wnting to confirm that in my opinion Carol has no likelihood of personal liability in either case. For example, in the Brenda Brown case, Carol is named as defendant in her capacity as "Credit Supervisor" for purposes of delinquent water collection. Clearly she is being sued in an official capacity, and not in a personal capacity. Similarly, in the Wallace Nolen suit she is being sued in her capacity as a "Custodian of Public Records", and not in a personal capacity. Accordingly, it is my considered opinion that neither court considering these two cases would visit personal liability against Carol in the event that judgment went in favor of the Plaintiff. Please let me know if you have any questions or if any oftbe above requires fmther clarification. Oliver L. Twombly, Esq.. - .· OLT/km ... cc: Carolyn: .Dawes . · ... . . ,. .•.-. ··. ,;