PARIS – The collapse of a committee to review the town subdivision ordinance will not deter a lawsuit against two selectmen on charges of conflict of interest in establishing the panel.

Chairman Ernest Fitts III and Selectman Glen Young are named as defendants in the legal action filed in Oxford County Superior Court by resident Bob Moorehead. The suit charges both officials with having a conflict of interest in their votes to establish the committee and asks that their votes be voided.

It also seeks to void their votes in the appointment of Ron Fitts as an alternate Planning Board member, as well as their votes in appointing members to committees with financial influence over the code enforcement officer position. The suit also asks that the two officials abstain from discussion and voting on matters related to the subdivision ordinance.

“There’s still two or three pieces of relief that haven’t been accomplished,” Moorehead said Tuesday.

The committee was created Jan. 28 by a 3-2 vote of selectmen after Ron Fitts, the brother of Ernest Fitts III, presented a list of proposed amendments to the subdivision ordinance. The ordinance passed in a 487-468 vote in June.

Following Moorehead’s complaint, the committee voted to recommend disbandment to selectmen, and selectmen accepted the recommendation Monday.

Ron Fitts was appointed as an alternate member of the Planning Board on March 10 by a 3-2 vote.

Town attorney Theodore Kurtz filed a motion to dismiss Moorehead’s suit, stating that neither Fitts nor Young demonstrated a direct or indirect financial interest in the vote to create the committee. The financial interest as defined by the state is a 10 percent or higher economic interest in the question at hand.

“The thrust of this civil action is that (Moorehead) is attempting to make a political issue, namely the future of the Paris subdivision ordinance, into a legal issue,” states Kurtz. “In short, he is asking the court to insinuate itself into the political life of the town.”

Moorehead has asked for a denial of the motion, arguing that Young and Ron Fitts filed subdivision plans with the town office. He charges that both Ernest Fitts III and Young violated state law by demonstrating the “appearance of a conflict of interest” in their votes. Moorehead also says that Fitts demonstrated a familial bias while Young showed a financial interest.

Moorehead concludes that Fitts and Young “have demonstrated a partiality toward their personal and economic interests and the interests of builders and developers at the expense of the town of Paris.”

Kurtz, in the motion to dismiss, argues that Fitts and Young did not show a bias toward personal interests in their votes.

“Certainly no one would suggest that any selectman who owns real estate in town cannot vote for a tax hike or, for that matter, a tax decrease,” Kurtz states.

On Monday, selectmen voted 2-1 to have the town pay Fitts’ and Young’s legal fees, but the vote did not have the three votes necessary to constitute a majority. Fitts, who expressed his disappointment at having to pay the fees, announced at the end of the meeting that he will not seek re-election to the board due to a medical problem.

A special selectmen’s meeting will take place at 6 p.m. Thursday at the town office, prior to a hearing on the town budget. The agenda calls for discussion and action on having the town pay the legal fees in the suit, as well as approving a policy “to defend elected and appointed officials” and forming a committee to draft a code of conduct/ethics policy.

Moorehead said requests pertinent to Fitts may be moot if the hearing on the issue occurs after Fitts retires from the board.

“If Ernie isn’t in office, it really doesn’t make any difference,” Moorehead said. “It really comes down to that vote on Ron.”

Moorehead said he hopes the issue will set a precedent so that future questions of conflict of interest will not have to go before the court.

“I hope we can get beyond it and get it settled,” he said.