The town has no intention of appealing Wageling’s decision, according to a press release issued Tuesday.
“Londonderry brought the matter to the court’s attention, seeking guidance to correct a situation it discovered had been mishandled ...” the statement read, in part.
Much of Wageling’s nine-page decision is devoted to numerous motions to intervene, specific to individual property owners’ requests for relief. Succinctly, the judge found whoever paid the impact fees, either collected, spent in error or not spent within the legal timeframe, is the one who will receive the refund.
But that won’t happen until the independent auditor completes a full audit of the 18-year period.
“The court sees a full accounting of the impact fee program to be the only solution to the town’s widespread misfeasance,” Wageling wrote.
The town hired an independent auditor Monday.
Caron, meanwhile, has been serving as acting town administrator for North Hampton since early September. But, it was recently reported, that community has chosen another candidate for the permanent job there.