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Originally Posted by Paugus
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Not the case....
The WOW Org has been saying that they would be filing plans by the fall for Phase III. Now they are saying that it might be 4 or 5 years before they file plans. That is what they told DOT. The litigation was filed based upon the view that the WOW Org would imminently be filing plans with the city - that is what they publicly said.
DOT had to respond to the SD/LB petition by 8/11/17 and they requested an extension of 30 days. SD/LB agreed to this extension. DOT's concern is whether the action is premature since now the WOW Org is saying that it is going to be years (a different story than a few months ago). So, fundamentally no action has been taken by either side. SD/LB have the right to proceed to court and DOT has the right to determine whether they want to settle this by not granting permission to the WOW Org. If the litigation is delayed, it is just that. It will be simply be put aside until things progress...if that is the decision. The basis of the litigation stands.
It is clear that the article in the Laconia Daily Sun was focusing on a position that there was a motion to dismiss and that is simply not the case. The litigation is currently still very much in effect. Of course SD/LB does not want to waste state resources if the WOW Org is 4 or 5 years away from filing plans.
Fundamentally, the route along the frontage does not make sense and the WOW Org would be well served to focus on one of the alternative routes that have been proposed. It would be less expensive, less intrusive and could be built more quickly than the route along the frontage. Tavern 27 has even offered land for a welcome center and parking.
Just my 2 cents.
Jetskier
