Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Banfield Lawsuit topic
No spam. Unsubscribe anytime.
Portsmouth approves $400,000 supplemental appropriation for outside counsel in Banfield Realty environmental suit
Summary
The council approved a $400,000 supplemental appropriation from unassigned fund balance to cover anticipated outside legal fees defending the city in a federal environmental suit brought by Banfield Realty LLC; the city has spent about $153,286 so far this fiscal year and officials said the funds would cover work through June while a summary‑judgment motion is pending.
Portsmouth City Council voted on March 16 to appropriate $400,000 from unassigned fund balance to pay outside counsel fees for ongoing federal litigation brought by Banfield Realty LLC alleging historic contamination and seeking remediation costs.
City attorneys summarized the case: the suit, filed in December 2022, names multiple parties and alleges that contamination tied to mid‑20th‑century urban renewal caused damages and cleanup obligations; plaintiffs have claimed remediation costs potentially in a multi‑million‑dollar range. The city has paid roughly $153,286 in outside counsel fees so far in FY2026, and staff told the council they need additional funds to complete expert disclosures, prepare a motion for summary judgment and, if necessary, prepare for a trial currently scheduled for November 2026.
Councilors probed strategy and timing: attorneys said they had sought to delay trial deadlines to prioritize the summary‑judgment motion, but only limited schedule relief was expected; if summary judgment is granted the case and related deadlines would be stayed pending any appeal. The city attorney confirmed the Portsmouth Housing Authority and other defendants have separate counsel; Portsmouth is not paying PHA’s legal bills.
Public commenters raised procedural and conflict‑of‑interest concerns related to nearby zoning proposals and asked whether litigation and development interactions had been fully disclosed; councilors and staff said they would continue to monitor conflicts and keep the council informed. The appropriation passed on roll-call (Assistant Mayor Kelly, Counselor Cook, Counselor Taber, Counselor Bllelock, Counselor Monroe, Counselor Flynn, Counselor Hopkins and Mayor McCackan voted yes; Counselor Baggley voted no).
