The towns of Edgartown and West Tisbury voted Monday afternoon to suspend the lawsuit against the Martha’s Vineyard Commission’s approval of the roundabout.
Following an executive session conference call with attorney Richard Renehan, special counsel for both towns, West Tisbury and Edgartown voted to stop the lawsuit, because, selectmen said, the agency responsible for the project at the blinker intersection can move forward regardless of the lawsuit’s outcome.
“Our attorney’s have informed us that the department of transportation is not bound by the Martha’s Vineyard Commission and will not be bound by any legal process,” selectman Richard Knabel said in his motion. “DOT is looking to go forward if it so chooses, and any remedies we may have appear to be political and not legal.”
Mr. Knabel said Mr. Renehan has clarified the terms of the lawsuit, and made it apparent that the lawsuit would be too costly to continue without reason. So far the lawsuit has cost both towns at least $30,000 in legal fees.
“The intention was never to spend a lot of tax money on it, particularly now if there is no legal remedy,” said Mr. Knabel, adding that the selectmen will rely on a town referendum process to receive the public response.
Last week West Tisbury selectmen voted to place a non-binding ballot question about the issue on the town’s election ballot in April.
Mr. Knabel said he was disappointed by the new direction, but the town had no other choice.
“There was no point, there is no legal remedy available to us for this,” he said. “We can’t sue the state. Regardless of what happens … the state is not bound by it, so why go forward?”
This article appears in January 20, 2012.
Something does not make sense here. If the MVC has jurisdiction to review the roundabout, in which a permit must be granted before work can begin, and if that permit or decision is appealed, as it was, please explain why that appeal has no effect? If the Dept of Transportation does need a MVC Decision to proceed, than why did we ever go to the MVC for a decision? That is hard to believe as I assume personal taxpayer dollars will be used in the roundabout, therefore the towns, or its residents, should have a right to appeal? However, the simple solution is to have one more meeting with the MVC, and all parties agree not to appeal that final decision. The solution you came up here will only leave many unhappy people.
$30000+ in taxpayer dollars spent when there was never any available legal remedy to gain from the lawsuit? How aggravating. It speaks volumes of the haste with which our Town officials acted in filing the lawsuit to begin with. Quite ironic in light of the Towns’ argument that the MVC acted with haste in approving the roundabout plan. That money could have been much better spent.
Paul, I believe the issue is that the MVC in effect didn’t have jurisdiction, because the state doesn’t need a permit to do whatever it wants. Sen. Wolf and Rep. Madden could probably stop or at least pause the process, but they’ve both had their heads in the sand from the start.
Aggravated, doesn’t it bother you at least a little bit that this unnecessary, insufficiently studied project is being shoved down our throats and we have no way to make our voices heard? I don’t care if the shoving is being done by the OB selectmen, the MVC, or MassDOT: the whole thing makes me gag.
If I am lucky enough to vacation on the Island this summer, will I find the roundabout under construction? WHEN they plan to build it should be a concern, as the construction will affect both Islanders and visitors. As a former resident, I care about this.
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