Herring River Restoration Project

Wellfleet town counsel's warning about financial liability

In May 2014, Wellfleet town administrator Harry Sarkis Terkanian asked town counsel Gregg J. Corbo to comment on a draft of MOU III – the memorandum of understanding between Wellfleet, Truro, and the National Park Service regarding the Herring River Restoration Project. Attorney Corbo's reply contained the following warning:


Four years later, in June 2018, attorney Corbo followed up with a revised opinion based on the scaling down of the Herring River project and new studies regarding its potential impact on private properties: "[T]he steps taken by the Project Proponents have greatly reduced the likelihood that the Town will face significant financial liability" and "the Phase 1 work will not expose the Town to a risk of significant financial liability." He finished with the warning: "Notwithstanding the foregoing, … I suggest that you factor the potential for liability into your decision-making process."


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