The decide on the Lowell Superior Court docket will shortly determine on Dominik Lay’s residence

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The judge at the Lowell Superior Court will shortly decide on Dominik Lay's residence

LOWELL – Hon. William M. White Jr. of the Lowell Superior Court heard oral arguments from attorneys representing both the City of Lowell and Dominik Lay and will shortly be making a “regular” decision on Lay’s residence. The Sun expected him to make the decision during the March 23 hearing.

As The Sun previously reported, Lay has sued the town of Lowell along with every member of the Lowell Electoral Commission – Beverly Anthes, Jim Pope, and Zoe Dzineku – for their ruling that Lay does not live in Lowell and therefore cannot fill a vacant seat in Robert Hoey’s school committee cleared. Anthes did not appear to be at the hearing, nor was she present at the last hearing.

Lay is seeking an injunction from the judge on this matter and to clarify whether Lay lives in Lowell or Brighton, which would make him ineligible to serve on the school committee.

The arguments of Christine O’Connor, the city’s attorney and general manager, and Roland Milliard, who represents Lay, were largely in line with previous arguments both put forward.

O’Connor has argued that Lay is based in Brighton because his vehicle excise duties stated that his car is mostly in the garage in Boston, his utility company and other bills are sent to his Brighton address. In 2009 he filed a Homestead Declaration on his property in Brighton and he has received a Brighton residential property tax exemption reserved for main residents. This tax exemption is renewed by cross-referencing the information with the social security number. She also argued that Lay had “unclean hands” because “there is evidence he gave before the Electoral Commission that was questionable at best, and he contradicted himself, even between day one and day two,” she said.

Milliard, on the other hand, has argued that Lay received various pieces of mail at his Lowell residence over the years, including medical bills and a wedding invitation. He has also voted in Lowell for years and has a driver’s license with a Lowell address. He argued that the excise tax was paid to Lay’s sister, a co-owner of the car, even though Lay’s name was on the document. The tax exemption, he argued, has been renewed automatically since Lay applied for it in 2011.

This is a developing story.