2023 waterline refusal lands Hudson in court

by Judy Stringer

Just as the city of Hudson and Hudson City Council appeared to wrap up a years-long lawsuit brought by council member Nicole Kowalski, another legal entanglement has surfaced. On Oct. 8, the Village of Boston Heights, AJ Allison Enterprises and S. J. Fireworks Unlimited filed suit against the city, council, individual council members and American Fireworks for breach of contract.

The complaint stems from Hudson City Council’s Dec. 12, 2023, decision to vote down an ordinance that would have allowed the city to extend a waterline along Chittenden Road and provide Hudson water to a fireworks store planned for a site next to Sky Zone.

In the suit, plaintiffs argue that by not providing water, Hudson breached a Nov. 13, 2008, Memorandum of Understanding between the city of Hudson and the village of Boston Heights “to enhance” properties along the Chittenden corridor for their mutual benefit.

It further alleges that American Fireworks, a named competitor, “induced” city council and Hudson to breach the MOU “as a means to limit local business competition.”

On June 18, council formally repealed the 2008 resolution that granted the city manager authority to enter into an MOU with Boston Heights. Council member Skylar Sutton explained in earlier discussions that no MOU ever materialized despite that resolution being passed 16 years ago.

According to the lawsuit, however, the contract became enforceable when Boston Heights and Hudson fulfilled mutual obligations of the proposed MOU – most notably when Hudson extended the waterline to Sky Zone and another nearby occupant – for which both municipalities and the Hudson City School District received economic benefit.

Plaintiffs are seeking at least $100,000 in monetary damages and a judgement to compel Hudson to extend the waterline.