The Town of Duxbury filed a civil suit against former Town Counsel Robert Troy in Plymouth Superior Court last Wednesday, alleging “damages the Town has incurred as a consequence of Troy’s legal malpractice in directing the bidding process for management of the North Hill Country Club and representing the Town” in a separate suit brought by Johnson Golf Management in 2008. This follows a failed attempt earlier this month by the town to add Troy as a third complaint in the Johnson Golf suit filed in Middlesex Superior Court.

Troy’s attorney, Robert Gill of the Boston law firm Peabody and Arnold, denied the charges made by the town.

“My initial reaction is that the allegations are not accurate and that we will vigorously defend the case and prevail,” said Gill. “The town would like to settle the case and they are desperately trying to get some other party to make a contribution.” The Town’s June 13 proposed third-party complaint against Troy filed in Middlesex Superior Court was denied within hours by Judge Jane Haggerty who wrote in her decision, “After review, the motion is Denied at this late date. The trial is scheduled for this 2008 case on Oct. 1, 2012.” (sic)

The independent suit filed last week makes more detailed allegations against Troy, claiming in point 59 of the 12-page complaint that “Troy’s advice described above fell below the standard of reasonably competent legal services. As a result of that advice, the Town has expended substantial legal fees and costs for his services and the Town’s position in the Johnson Golf Litigation has been compromised.” (sic)

Art Kreiger, the town’s interim Town Counsel who is acting as co-counsel in this case, said the town is not alleging any intent on Troy’s part.

“The allegations speak for themselves,” said Kreiger. “In part, because it’s a freestanding document, it’s a bit more extensive than the [Middlesex Superior Court failed complaint].”

Lenny Kesten, a partner in the Boston law firm Brody, Hardoon Perkins and Kesten, and the attorney appointed by Duxbury’s insurance carrier Massachusetts Interlocal Insurance Association to defend the Town in this case and three other civil suits, said he expects everyone who is responsible in this case to be held accountable.

“The evidence is clear that Mr. Troy advised the town as to all key decisions in the case and if Johnson Golf prevails, then Mr. Troy needs to explain himself,” said Kesten, claiming solid documentary evidence exists to support every claim in the town’s suit. “The town did everything on Mr. Troy’s advice. Everything. He was instructed by Mr. [Richard] MacDonald to ensure the contract process complied with all laws.”

The chair of Duxbury’s Board of Selectmen, Ted Flynn, was reflective when asked about the suit the town filed against Troy, charges that made the front page of this week’s Massachusetts Lawyer’s Weekly.

“Regardless of the positive relationship the town had with Town Counsel [Troy] for 26 years, in this regard, it’s incumbent upon the Board of Selectmen to protect the town’s interests to the greatest degree possible,” said Flynn. “We feel the former Town Counsel’s insurance should be a part of any settlement – if there is a settlement.”

Johnson Golf Management’s lawsuit against the Town of Duxbury is the result of an October 2008 Request for Proposal (RFP) by the Town seeking bids on a five- year contract to manage the municipal North Hill Golf Course and Country Club. Johnson Golf Management, Inc. alleges that the town and the town-appointed North Hill Advisory Committee conspired to deny Johnson Golf the contract to the course, which it had been managing for ten years. It filed suit in December 2008.

When the first RFP was deemed to be noncompliant by town officials, a second RFP was put out to bid in January 2009 and was awarded to CALM Golf. The contract was eventually awarded to Pilgrim Golf LLC.

When asked how Troy will respond to the suit, Gill said he will confer with his client and together they will decide the best course of action.

“We’ll respond to the complaint as provided by the rules of civil procedure and we will vigorously defend against it and we expect to prevail,” said Gill. Asked Troy’s response to the suit, Gill responded, “He thinks it’s frivolous and that we’ll prevail.”

A copy of the June 18 suit filed in Plymouth Superior Court by the Town of Duxbury against Attorney Robert Troy may be found here:

http://www.scribd.com/doc/101034628/Duxbury-v-Troy-Complaint-Filing-July-18