After a protracted battle, the Selectmen declined to add Murphy's Auto Salvage Inc. to the Wareham Police Department's list of tow providers following an evidentiary hearing on Tuesday.

Murphy's first attempted to get on the list of companies that the police call for service to disabled vehicles and vehicles in accidents in 2008. Under former police chief Tom Joyce, Wareham had seven tow companies on the list, but it now has four, and current police Chief Richard Stanley says it's enough to handle the workload.

"At this time a fifth company" is not necessary, Acting Chief Kevin Walsh said in a statement read by Lieutenant John Walcek on Tuesday. Stanley has been on medical leave since June, and Walsh was named acting chief in July.

The 2008 Board of Selectmen rejected Murphy's request because it is located just over the town line in Rochester. It does, however, have a location in Wareham at Discount Auto Collision Center.

After being rejected, the company filed a lawsuit against the town, with one of its claims being that it was denied due process. The decision was remanded to the Board of Selectmen.

Patrick Matthews, attorney for the tow company, presented a letter written by Joyce stating that seven companies was "ideal." He also pointed out that Murphy's made its application before the four-company decision was made.

"They should have been placed on the list back then," said Matthews.

According to Walcek, Stanley decided to lower the number of tow companies on the list.

Despite what the former chief said, the board on Tuesday ultimately decided to go with the decision of the current chief.

The board was split on the decision, with Selectmen Peter Teitelbaum and Alan Slavin voting not to add the company to the list, Selectman Patrick Tropeano voting that they should and Selectman Judy Whiteside abstaining.

Selectmen Steve Holmes was not present.

"I think this is government interfering with the operation of business," said Tropeano. "I don't see why anyone should be excluded from the list, ever."

Other tow companies have contended that there is barely enough work to go around as it is.

"The purpose of the list is for public safety," Matthews argued, adding that considering the amount of money other tow companies may or may not make is inappropriate.

Noting that the current chief has recommended only four companies be on the list, Selectman Alan Slavin said: "At the end of the day I can only make a decision based on today."