Could Town Seek Money for High School Delays?

It's one of the most commonly asked questions by supporters of a new Wilmington High School who are eager for construction to start but are instead left waiting for the appeals process to conclude.

Who is going to pay for the cost of the delays?

"I was going to ask if the town has any recourse against (the appellants)," one Wilmington Patch commenter asked. "Anyone know if the town is considering this? Can we as town tax payers file our own suit?"

The answer to this point in the process is no, according to Board of Selectmen chairman Mike Newhouse.

"One of the many problems with the existing regulations is that the Department of Environmental Protection Hearings Officer, unlike a judge in a court of law, does not have the authority to award attorney’s fees and costs to penalize a party for making frivolous claims and/or motions," said Newhouse. "The Hearings Officer in this case did a fine job of using the tools available to him, in order to render a timely and impartial decision, but the regulations need to be changed so that more tools are available to him."

Though Newhouse said there is no legal action currently in the works to regain the money from the delays, he said the town continues to keep its options open. 

"Throughout the past several months the Town has considered and will continue to consider each and every procedural, financial and legal option available," said Newhouse.