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?”
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