Sirois v. Town of Frenchville

I respectfully dissent.

The motion justice decided this case below solely on the basis that the Statute of Frauds barred enforcement of any contract that might exist between the plaintiff and the town. The majority determines that conclusion to be error. The majority then goes on to decide the appeal on the basis that the motion papers demonstrate, as a matter of law, that no contract existed as between the plaintiff and the town. I do not believe that the motion justice decided that issue.1 He states as follows in the Order granting the summary judgment:

After consideration of the pleadings,…