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Council cites pending court decision and legal challenges as reason for conditional action
Summary
Council members discussed pending litigation by 'Ms. Lacey' and an imminent Superior Court ruling; some councilors argued the town should proceed conditionally to avoid losing a $500,000 federal grant while others urged waiting for final court determinations.
Council members spent part of the special meeting addressing legal uncertainty tied to the project. The chair said additional legal proceedings had been filed by "Ms. Lacey," that a judge had summarily dismissed earlier claims but was reviewing subsequent filings, and that a written decision was expected imminently.
Resident White urged caution, saying the planning board approval might not be final and that the superior court could reverse that decision. "I believe there's still a little bit of question on whether or not the final planning board approval is a done deal," White said, adding that it might be premature to spend additional money before the court rules.
Council member Wood said the council had considered legal risk and had two law firms available to address issues. The chair proposed a motion authorizing the actions McCormick requested but making those approvals "subject to the court lifting the stay," reflecting council concern about proceeding if the litigation blocks the project.
