Defamation claim against town dropped

Rutland Herald | October 17, 2017

By GORDON DRITSCHILO
STAFF WRITER

Neisner

KILLINGTON — Melvin Neisner has abandoned his lawsuit against the town. Much of Neisner’s lawsuit had already been dismissed by the court, but late last month Neisner dropped the defamation claim which was the sole surviving count of his complaint. Neisner cited health concerns.
“I could have gone forward,” Neisner said when reached by phone Monday. “My clients are more important to me than my personal affairs.”
Neisner, a lawyer, the Killington town moderator and a former traffic court judge prior to his conviction for leaving the scene of a 2007 crash, declined to comment further.
In his motion to dismiss, Neisner wrote he had been diagnosed early last year with bile duct cancer which had spread to his lymph nodes, thoracic cavity and liver when chemotherapy stopped working in April of this year.
Neisner wrote he was accepted into a clinical trial at the National Institute of Health, but had to travel to Maryland every three weeks for treatment. He said this would not leave him enough time to serve his clients and pursue his case against the town.
Neisner filed the lawsuit in late 2015, alleging a variety of misdeeds by town manager Seth Webb, who departed for a job in the private sector a few days after the initial filing.
Most of the case was dismissed earlier this year following a motion by the town. Neisner had claimed the motion to dismiss was without merit and tried to have the town sanctioned.
Judge Helen Toor found Neisner’s motion to sanction without merit and his tone within i t “ entirely inappropriate and unprofessional.”
“It appears to be motivated by nothing more than a desire to harass and cause expense to the town,” she wrote in the July 5 decision, noting that Neisner called the town stupid and its attorney a liar, among more colorful accusations.
Toor continued that she had granted Neisner some leeway for making “rather outlandish accusations” due to his illness, but his behavior had reached the point where it had to be called out. Neisner was ordered to pay the town’s legal fees for the time spent responding to that particular motion.
The town’s attorney, John Leddy, noted the case was dismissed with prejudice and the town had prevailed on all issues.
“The town is pleased that the court has dismissed this claim, ending a nearly twoyear process,” he said.
gordon.dritschilo @rutlandherald.com