'Enough is enough': Bypass frustrations have selectmen again considering litigation

By Casey Conley

Following a grim assessment on the future of the Conway bypass from state Rep. Tom Buco, D-Conway, last month, selectmen inched closer to settling the matter in court. "There are three branches of government in the United States, and it's time to recognize the legislative branch has failed us, the executive branch has failed us and the judicial branch is the only one that can save us," said Selectman Mark Hounsell. The board voted unanimously on Dec. 18 to request a detailed report from town counsel by Jan. 22 on the procedures and likelihood of success should selectmen bring suit against the New Hampshire Department of Transportation. A separate motion demanded that town officials contact the New Hampshire Local Government Center for advice on the matter.The three-segment, multiple-phase Conway bypass a plan to reroute traffic around bottlenecks in Conway Village and North Conway has been delayed several times over the years because of funding shortfalls. The northern and central segments of the plan have been eliminated from the state's 10-year plan, and the $65 million southern segment is hanging on by a thread as part of a $113 million highway bond. In his progress report to selectmen, Buco said he doubts the bypass will make it into the final version of the highway bond. "If you go through this (bond), you can see a whole list of representatives from other towns are going to be in there fighting to get their projects in there," he said. Any lawsuit would likely seek financial redress for harm incurred by the town. A number of projects, including the new Kennett High School in Redstone, were forced to build around proposed bypass routes. Selectmen, though, are hoping that the threat of a lawsuit will send a message. Hounsell, a former Republican state senator in the 1980s, said litigation is the only way to make Concord pay attention. "We have had to expend funds and time and resources for the better part of half a century...and enough is enough," he said. The placement of the new Kennett High School's driveway, which was built around the planned bypass route, is an oft-cited example of tangible harm incurred by the town. "We will not prevail if we go the legislative route if we play the game they play where we try to hang out in hallways while deals are being struck by representatives from Nashua and Manchester," Hounsell said. The Dec. 18 decision came on the heals of a Nov. 20 board motion that asked town counsel to look into steps for how the town would go about bringing suit. The most recent decision, Hounsell explained, has the teeth to move the matter forward. "(A month) ago, we took the gun off the rack. Today, we put the bullet in the chamber, and I suspect pretty soon, we'll be pulling the trigger," he said.