Michael King’s lawsuit against Mattaposiett, town officials denied

MATTAPOISETT — Michael King, the owner of Wyandotte Farm and chair of the Conservation Commission, sued the town of Mattapoisett, the Board of Health and individual members, and the town’s health agent for rights violations and emotional distress. 

The lawsuit and adjoining requests, including a trailer permit, were denied by the Justice of the Superior Court Sharon Donatelle on Oct. 21.

The town required King remove a “seasonal” tent on his property at 0 Cove Road, imposed a daily $1,000 fine for fence violations and denied his requests for a 14-day camper trailer permit and participation in MassDEP’s composting toilet program.

He said the treatment was “disparate” compared to his neighbor and that he “suffered severe emotional distress and catastrophic loss of business,” court documents said.

He sued the aforementioned parties for violation of the Americans with Disabilities Act, selective enforcement of due process rights, Dover Amendment violations and intentional infliction of emotional distress.

In the lawsuit, he asked to stop fines on the tent, approval of the 14-day trailer permit, permission to participate in the composting toilet program and $1 million in monetary damages for emotional distress, business losses and reputational injury.

The sued parties filed a written opposition and a hearing was held on Oct. 20.

In court documents, Donatelle said King didn’t demonstrate irreparable harm without court injunction or a factual basis for emotional distress and business loss claims. She also said the complaint doesn’t reference disabilities or disability-based discrimination.

The town had made no decision on King’s request for participation in the composting toilet program or the trailer permit.