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Judge's ruling kills Shutesbury library project

Fred Contrada, The Republican By Fred Contrada, The Republican The Republican
on May 04, 2012 at 4:30 PM, updated May 04, 2012 at 4:31 PM

shutesbury library.jpgA screen shot of the M.N. Spears Memorial Public Library in Shutesbury, as seen in the opening frames of a Youtube video.

SHUTESBURY – The up-and-down question of a new library for the town is down for the count following a judge’s ruling that gives opponents a two-vote victory.

The finding issued by Franklin Superior Court Judge Mary-Lou Rup on Wednesday declared two people who opposed the $1.4 million Proposition 2 1/2 debt exclusion eligible to vote in Shutesbury and two others who voted for the project ineligible.

The new result is a 522-520 vote against the proposed project.

Originally, the question tied 522-522 on the Jan. 10 ballot question seeking to borrow $1.4 million towards the $3.5 million project. By law, the question fails in the event of a tie.

Proponents were looking to the 5,800-square-foot building to replace the aging, 900-square foot M.N. Spear Library, which is more than a century old and lacks running water. They were also hoping to use it as a town community room.
In 2011, Town Meeting members voted to move the project forward, then rejected it in a subsequent vote.

A recount of the January, 2012, vote tipped the scale in favor of proponents when the town counted a provisional ballot in favor of the override after ensuring that the voter was not registered in Connecticut. Both sides then challenged various votes.

Rup’s ruling puts an apparent end to the matter. Select Board Chairwoman Elaine Puleo said she will notify the state that Shutesbury cannot accept funding for the project.

“We have no other recourse,” she said.
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