WALLINGFORD — The Select Board has asked the town attorney to request from a civil court judge a decision regarding its border with Tinmouth and the Taylor property.

“We’ll have (Town Administrator Sandi Switzer) contact the town attorney and tell them the board is requesting that he make contact through the court to have a petition to request that there be an allowance of Wallingford entering a request for a judgment on the evidence of the deeds and other materials held by Wallingford, and to either decide a judgment for Wallingford or to issue an order for Tinmouth to cooperate in a joint survey,” said Select Board Chairman Nelson Tift after an 11-minute executive session held Monday. His words were part of a motion that passed unanimously.

For a number of years, Wallingford and Tinmouth haven’t been in exact agreement about where their border along West Hill Road falls. The line goes across property owned by Stan Taylor, that much is known, but what portions of the property are taxed by which town is in question, to the point where Taylor was sent tax bills by both towns taxing him on the same items.

Taylor can’t be double taxed, said Montpelier attorney Charles Merriman, representing the Wallingford on Wednesday. The bill for Tinmouth won’t be due until Nov. 15, while Wallingford’s bill isn’t due until Oct. 21. He said something can likely be worked out before then.

Officials in Wallingford and Tinmouth have been talking since March after the Wallingford board voted to add parts of the Taylor property back to its grand list. Prior to that, there had been an agreement in place that put several buildings on the parcel in Tinmouth. In early September, the Wallingford board voted to essentially return to the way things were as per the 2017 arrangement. This came shortly after the attorney representing Taylor sent both towns a letter saying the issue needed to be resolved.

Merriman said the matter will likely need to go before a judge in any event. The issue isn’t court, yet. His hope is that Wallingford and Tinmouth can go to court to jointly file a request for a judgment on them hiring a surveyor. He said that would be the best option for the matter to get resolved.

Tinmouth Town Clerk and Treasurer Gail Fallar said Wednesday the Tinmouth Select Board meets today (Oct. 10). She plans to contact the town attorney ahead of that meeting to get an update for the board.

Fallar said the hope in Tinmouth is to have the matter settled once and for all. She said a survey would be good, as it would address the entire town line, which runs across several other, undeveloped, properties.

keith.whitcomb

@rutlandherald.com

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