In a twist Little Compton officials said they did not see coming, an attorney representing the Seaconnet Lodge No. 39, Independent Order of Odd Fellows, has threatened to sue the town if officials continue with a plan to renovate the second floor of the old Odd Fellows Lodge at 32 Commons.

On Monday, April 14, attorney Mackenzie McBurney wrote to the Little Compton Town Council that if the town continues to seek to renovate the second floor and impinge on the organization’s  rights to use that space, the Odd Fellows will consider that a breach of the 1985 agreement the organization signed with the town, which gave the Odd Fellows the exclusive use of the second floor in perpetuity.

“Any attempt or action ... to terminate or interfere with Seaconnet Lodge’s occupancy or possessory rights constitutes a clear and material breach” of the 1985 agreement, she wrote.

“The town council’s misguided actions are troubling not only because, if followed through, they constitute a clear breach of the agreement, but also because the town council’s current course of conduct seeks to displace a civic, community services oriented and humanitarian non-profit organization of its rightful possession at 32 Commons."

While she noted that Seaconnet Lodge membership is open to working collaboratively with the town, McBurney warned that if the town council continues to pursue a redevelopment plan for 32 Commons that would eliminate or impair the lodge’s rights under the agreement, “Seaconnet Lodge will take all necessary actions to restrain and enjoin the town from violating its obligations under the agreement, and will seek appropriate relief and damages resulting from the town’s breach of the agreement.”

Officials caught off-guard

Town council president Patrick McHugh said Wednesday morning that the letter was certainly a surprise, as he believes all conversations to date have been encouraging and signal a clear willingness by the Odd Fellows to work with the town on a plan that would respect the organization’s rights.

When town officials began looking at the physical state of the fire barn and Odd Fellows Lodge and attempted to come up with a plan for them, “the first people we called were the Odd Fellows,” he said. Since then, numerous conversations with the outgoing and incoming grand master have been encouraging, and “they couldn’t have been more graceful and collaborative.”

“The key thing is,” both the outgoing grandmaster and incoming grandmaster Tom Gotacuo “reiterated and echoed the same things,” McHugh said: “We want to work with the town. We want to update our agreement. The town has never said we want to break an agreement or evict them.”

“We’ve felt like it would be mutually beneficial to the town and Odd Fellows,” councilor Victoria Talbot added Wednesday.

Indeed, both noted, Odd Fellows officials have gone on record as being open to a collaboration with the town. Following a tour of the building in March 31 with town officials and two local Odd Fellows members, Gotauco said the Odd Fellows were open to changes in the 1985 agreement:

“The question was posed if it had to be on the second floor and I said 'No,’” Gotauco said. "Whether it’s on the first floor or the second floor, whatever’s best for all parties involved. "But (any future agreement needs to include) a secure dedicated space.”

Town attorney responds

In a response to McBurney sent last Friday, Little Compton Town Solicitor Anthony DeSisto expressed his own surprise and puzzlement upon reading the letter.

“Here’s why I’m puzzled,” he wrote. “At no time has any member of the Little Compton Town Council, or any other public official, ever stated that the Seaconnet Lodge will be evicted from the building. Indeed, the town council has consistently stated in public meetings that the Seaconnet Lodge will be housed in 32 Commons with whatever renovation plan is adopted.”

DeSisto said the attorney’s threat of litigation was “most unfortunate,” and wrote that the town will also have to respond accordingly to any “any breach by the Seaconnet Lodge of the agreement.”

The matter is expected to be further at Thursday evening’s town council meeting.