Stone sued the precinct, where he was chief for four months, last August after the precinct - which dissolved at the end of last year - paid him $58,643 when he was asked to resign in April 2005.
The judge's decision, released on Friday, is the second of two recent suits involving the precinct and its former leaders. The precinct sued Stone's predecessor, Joseph Nadeau, forcing him and two former commissioners to repay $89,000 in severance. That decision is being appealed to the state Supreme Court.
Stone cited Nadeau's deal in his suit, arguing his contract called for nine months of "wages and benefits and unused accumulated earned time" upon his departure. Rockingham County Superior Court Judge Larry Smukler ruled that Stone failed to prove his contract spelled out his right to the additional severance, said Commission Chairman David Milz.
"We didn't agree he was entitled to the money, and thankfully neither did the judge," Milz said yesterday. "We're feeling pretty good now. We've been involved in two cases now and prevailed in both."
Stone was asked to leave his job as part of the merger of Derry's two fire departments as a way to ease consolidation that went into effect last July. It's unknown if Stone will appeal the decision. Stone did not return a phone call seeking comment.
Milz said he doubts the precinct will see an appeal from Stone because the precinct's insurance carrier had to fund both Stone and the precinct's legal cost. He said the insurer would not fund an appeal.
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