The town officials agreed to issue the permits prematurely in exchange for FM Global’s promise to protect the municipality from “the illegality of its own conduct,” says the suit, which cites a letter in which an FM Global lawyer promises to indemnify the town from a certain type of legal claim.

The letter specifies a legal claim challenging the town’s policy of permitting construction before the official time period for appealing the planning board’s decision had elapsed.

“…it is readily apparent that the town, faced with the perceived threat that FM Global might leave town, chose at the outset to do FM Global’s bidding in derogation of the town’s legal obligations and public trust,” says the suit.

In past practice, the town has made builders wait until any appeals, or pending appeals, were resolved before giving the go-ahead for construction, says the suit.

In this case, officials have let FM Global finish the foundations despite CapLease’s appeals, which were filed last month and will be heard by the Zoning Board of Appeals on May 14. A stop-work order issued on April 21 also allows construction crews to backfill around the foundations.

The suit quotes Polisena’s published comments on the importance of retaining FM Global. “This isn’t a grand slam,” Polisena said last year. “It’s the World Series times 10.”

Polisena said today that he feels very comfortable by what the town did.

Polisena said he still hasn’t gone through the document, but he’s confident in the decisions made by planning officials and the building official and reviewed by the town’s lawyer.

He acknowledged the indemnity agreement saying the neighbors were “on board so to speak” and he wanted to help FM Global make its construction deadlines.

“We said, sure, no problem,” Polisena said.

He added: “I’m just amazed at what length they’re going through to try to keep FM Global in their building.”