Is Rochester guilty of filing 'frivolous lawsuit'? Read the statute, be the judge

City Manager Katie Ambrose listening to public comment, left, and City Att. Terence O'Rourke at a recent City Council meeting (City of Rochester screenshots)

The City of Rochester's six-month taxpayer-funded legal battle against Strafford County was frivolous on its face and should never have been brought.
The lawsuit was over the county denying the filing of five land deeds on Barrington parcels that were part of the city's water system.
The county was very specific on why the filings were denied, saying that the deeds said the parcels were described as staring "at a point" in Barrington.
But what they did not specify was that the properties all lied solely within the Town of Barrington. So, without that reference they were denied, the county's Registrar of Deeds told The Rochester Voice earlier this month.
Now, City Manager Katie Ambrose and City Attorney Terence O'Rourke could easily have changed the verbiage and the deeds would have been duly filed.
In fact they were just last month ... but only after a six-month battle in Strafford Superior Court that cost county taxpayers more than $14,000.
Ironically, shortly after a Strafford County Superior Court judge summarily tossed the City of Rochester's case, the city drew up new deeds as requested by the county and they were immediately approved.
So we ask Mr. O'Rourke, why not comply with the Registrar of Deeds' request in December. You'd have had your deeds filed earlier and without costing the taxpayers thousands of dollars. Was this just petty histrionics?
And we suspect City Manager Katie Ambrose went along with this. If she didn't, that doesn't speak well of her grip on her own senior staff.
These two have a lot of explaining to do.
Here's what New Hampshire's Rev. Statute 507:15 states regarding frivolous lawsuits.
If, upon the hearing of any contract or tort action, it clearly appears to the court that the action or any defense is frivolous or intended to harass or intimidate the prevailing party, then the court, upon motion of the prevailing party or on its own motion, may order summary judgment against the party who brought such action or raised such defense, and award the amount of costs and attorneys' fees incurred by the prevailing party plus $1,000 to be paid to the prevailing party, provided such costs and fees are reasonable. The trial judge shall also report such conduct to the supreme court committee on professional conduct.
Strafford County Commissioner Chair George Maglaras earlier this month told The Rochester Voice this was a total waste of time and resources.
"This was absolutely ridiculous and a waste of time, money and effort for all involved," he said. "This squarely lands with the Rochester city attorney who cost the county over $11,000 in attorneys fees. I'm hoping the matter is over now that the courts have ruled twice in the county's favor."
In fact, the city of Rochester continues to mull taking this to the state Supreme Court.
We suggest that our readers contact your city councilor and let your feelings be known.

To find your city councilor's phone number click here