February 13, 2025

Seekonk to Pay $950,000 in Asphalt Lawsuit

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The Town of Seekonk, including the Board of Selectmen and Board of Health, along with Bruce Hoch in his capacity as a member of the Seekonk Planning Board, will be paying $950,000 to settle a lawsuit with International Paving Corporation.

In December 2019, International Paving Corp., Seekonk Asphalt Corp., and 45 Industrial, LLC purchased 4.81 acres of property in Seekonk with the intent to permit, construct, and operate an asphalt plant. The town’s Planning Board approved the site plan. However, the potential construction of the asphalt plant resulted in opposition from Seekonk residents and municipal officials.

“When the Town passed the Noisome Trade Regulation (bylaw), thereby effectively blocking the project, plaintiffs withdrew their Mass. (Department of Environmental Protection) permit applications, likely in recognition that continuing to pursue the permits would be futile and a waste of resources,” United States District Court Judge Patti B. Saris wrote in her January 18,2024 ruling.  “Thus, the Court finds that plaintiffs’ lack of a permit should not defeat plaintiffs’ plausible claim that it has a protected property interest by virtue of the zoning use freeze granted by the Seekonk Planning Board.”

The settlement agreement was reached on December 4, 2024.

“This settlement marks the culmination of a sustained and collaborative effort by the Board of Selectmen and the Board of Health to protect the public health, safety, and quality of life for all residents of Seekonk,” Town Administrator Shawn Cadime said via-email on Monday.

Cadime defended the Town’s actions, stating they were following the letter of the law.

“The Board of Health, in its capacity and authority under G.L. c. 111 s. 143, took decisive action by declaring the proposed asphalt plant a Noisome Trade,” Cadime explained. “This designation empowered the Board to prohibit uses that, while potentially allowed under local zoning, pose significant risks or nuisances to the community. The Board of Selectmen supported this stance, demonstrating an unwavering commitment to ensuring that an asphalt plant would not be sited in our community.”

“Both Boards worked tirelessly to uphold the interests of the community, and this settlement reinforces their shared commitment to safeguarding the environment, public health, and the quality of life in Seekonk. We thank our residents for their patience and support throughout this process. The Town remains dedicated to maintaining high standards for public health and community well-being and will continue to act decisively in the best interest of its residents.”

Eric Brainsky, the attorney for International Paving Corporation, noted the settlement was an affirmation of his client’s rights.

“Although our client will not be made completely whole by this agreement, we are pleased that the parties were able to come to an amenable resolution of this case,” Brainsky said. “This dispute serves as a lesson to any municipality that seeks to deprive property owners and businesses of their constitutionally protected property rights that there will be severe consequences for doing so, which in this case amounts to a cost of nearly $1,000,000 to the taxpayers, not including the tens of thousands of dollars in attorney’s fees and costs incurred over the last three years in order to get to this point.”  

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