Sun Staff Report

TOWNSEND -- The recall election will move forward after a Middlesex Superior Court judge denied a selectman's motion on Wednesday.

Townsend Selectman Cindy King had filed a preliminary injunction last month to prevent a recall election against her and Selectman Gordy Clark. However, Justice John Lu denied her motion, writing the court must "allow the recall election to proceed because doing otherwise would harm the public interest."

Townsend's selectmen have been the focus of voter rage for the past year. Affidavits in a prior recall effort against Clark and Selectman Carolyn Smart went unfiled but controversy focused around Town Administrator Jim Kreidler and the Townsend Police Department prompted a second movement. Smart was not targeted in this round, since her seat is up for re-election on Monday.

The town's Board of Registrars certified the recall petitions, which state that King has "neglected her duty" as a selectman.

In response, King filed a preliminary injunction and argued that the recall affidavits "set forth invalid grounds for a recall."

But Lu wrote in Wednesday's decision: "The court finds that Ms. King is unlikely to succeed on the merits of this claim."

"The court finds that at minimum, the affidavit plainly states the grounds for the recall -- misfeasance and neglect of duty -- and therefore complies with the requirements of the Recall Act," Lu later added in the decision.


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The residents who organized a recall "have the right to have the recall election take place," Lu concluded.

For more on this story, read Thursday's edition of The Sun and visit www.lowellsun.com.

Follow Rick Sobey on Twitter @rsobeyLSun.