Brayton Point LLC arraigned in Fall River District Court for failure to pay fines

An attorney entered a not guilty plea on behalf of Brayton Point LLC in Fall River District court on Thursday in response to a criminal complaint filed by the Town of Somerset.

Attorney Patrick McBurney represented the company in the matter that stems from the company being found in violation of zoning by-laws when they continued to truck scrap metal through a residential neighborhood. The company continued the daily operations despite a cease-and-desist order issued by the town building inspector as well as multiple notifications from the town that they were in violation.

According to court documents obtained by Fall River Reporter, the building inspector for the town of Somerset informed Brayton Point, LLC in November 2020 to cease and desist the operations and that a fine of $300.00 per day would be imposed for each truck that entered the property. Brayton Point, LLC continued to truck scrap metal to the site at 1 Brayton Point Road until a Massachusetts Land Court ruled to uphold the Somerset Zoning Board cease and desist in March of 2022. During that time, the town of Somerset assessed each truck entering the site for each day and calculated fines that amounted to $3,468,400.00. Brayton Point, LLC had admitted to the facts, according to court documents, but “disputes the meaning of the law and the amount of the fines.”

The matter was brought before a court magistrate and was found to have merit when it was then moved to district court. The hearing on Thursday went as expected according to an attorney on behalf of the town.

“This was a typical arraignment and went as it should have. It’s the first part of the process.” said Attorney Joseph Macy. Macy as well as Attorney Arthur Frank are representing Somerset in the matter.

In January of 2023, Brayton Point, LLC offered to settle the matter with the town and pay $15,000. The town declined the offer.

Brayton Point, LLC owns the property that once housed the Brayton Point power plant. The property is poised to be the site of a manufacturing facility owned by the Prysmian Group that will provide cables to support the wind energy industry.

Both parties are due back in District Court on March 4th, when a representative of Brayton Point, LLC is expected to appear.

When asked for comment after the arraignment, Attorney McBurney said he had no comment.