Wow, that's a tough one. I'd say that the town is responsible since they are the cause of the big mess but then again, it IS the state of MA and they will do anything to get around a legal loophole. I know, my dad used to work for the state! I'd say check with the city hall and see what they say. If that doesn't help, maybe think about getting a lawyer involved. Either way, I wish you lots of luck!