WEST BATH

Declaring the cost-sharing formula once used by Regional School Unit 1 violated state law, the town of West Bath has filed suit in Sagadahoc County Superior Court seeking as much as $1.9 million in damages from the school unit.

Earlier this year, RSU 1 reverted to a formula that allocated school costs based one-third on student population, one-third on town valuation and one-third on student population.

West Bath’s lawsuit states the formula, which RSU 1 used to assess member towns in 2009-10, used a costsharing pllan that does not comply with an earlier formula required after the Legislature mandated school consolidation.

West Bath is fine with the current plan — which is under sharp scrutiny by at least three RSU 1 member towns — but says it has been overcharged by as much as $1.9 million.

“They’re trying to recover $1.9 million they feel they were overcharged over a four-year period,” said Tim Harkins, chairman of the RSU 1 Board of Directors.

West Bath Town Administrator Jonathan Davis said the town had sought mediation, to no avail.

“The RSU 1 attorney said no,” he said. “We filed suit to start the process. We’re pursuing some if not all of the money.

“This is kind of unfortunate where it’s at at this point.”

Harkins confirmed that Melissa Hewey, the school unit’s lawyer, recommended against mediation.

“We felt the best course of action would be to follow up with the case,” Harkins said.

West Bath has indicated it would go along with an RSU 1 plan to tax according to student population by 2015, but opposes that formula for the next fiscal year.

Sally J. Daggett is representing West Bath in the lawsuit, filed at the West Bath courthouse on Oct. 9.

lgrard@timesrecord.com