Proposed Bike Trail Filled with Legal Potholes

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Ground-breaking for the 2.7-mile trail was to begin this spring after nine years of planning.

But Durham officials have sprung a surprise on project organizers.

The proposed trail, known as the "Wagon Track Bike Path," had hit a major legal pothole.

For months, a Durham couple with property abutting the path had been threatening to sue the town over the project.

As the construction drew near, the town's attorney decided the threats had merit.

Durham's attorney has warned Town Administrator Todd Selig the town could face what the attorney called "unexpected financial exposure" from building the trail.

In response, Selig said the council has decided to put the bike path on hold.

["Many members of the present council have expressed concerns about the project. And now that a threatened suit has come forward, they are taking the opportunity to determine whether or not they want to proceed with the project." 17.4 sec.]

Plans call for the trail to be built on an unmaintained town road running through forests and farmlands between Durham and Madbury.

Eighty percent of the project's 350-thousand-dollar price-tag is coming from federal funds.

But the cost of battling lawsuits wasn't calculated into the project's budget.

Scott LaPointe is an Exeter attorney representing Robert and Leda Keefe, the abutters who are threatening to sue.

LaPointe says that turning the old roadway into a bike trail could prevent future upgrades for motorized vehicles.

And SAYS LAPOINTE that would extinguish the Keefe's rights to develop their land.

["I don't think anyone is making an argument that bike paths per se are wrong. But we have to pony up and compensate the people that we deprive
property rights of so that we can have this public benefit." 14.3 sec]

Seacoast Area Bike Routes is the group that organized the Wagon Track project.

SABR members are exasperated over this turn of events.

They say they've invested time and dollars shepherding the project through final approval last year.

And SABR president Cameron Wake warns that if Durham backs out of its commitment, the bike group will file its own lawsuit.

"If the town does go ahead and decide to cancel this project because of a fear of what we see as a frivolous lawsuit, SABR would certainly take up
the issue in terms of the public interest, and we would likely take the Town of Durham to court." 16.7 sec]

Planning experts are watching the case closely.

They say Durham is facing a challenge increasingly common in communities across the region: How to balance the rights of private landowners versus the common good.

Matt Kiefer is a land-use attorney at Goulston & Storrs in Boston.

["It's socially acceptable almost now to be completely self interested. And it further erodes the social fabric to have those viewpoints vindicated in the public process, because it creates a set of expectations that any individual landowner has veto power over any development decision or
planning decision." 22 sec]

THERE IS A POSSIBLE WAY OUT OF THE legal quagmire.

DURHAM COULD RESORT TO formal mediation, or at least heavy-duty consensus building.

Joel S. Russell IS a planning consultant and attorney based in Northampton, Massachusetts.

"The problem to me comes in when you get these rigid positions and people won't discuss it with each other and all they want to do is say `see you in court.' There are compromises. I mean, you can have a bike path next to a road and still make everybody happy. " [13 sec]

Proponents of the trail have expressed fear that the Durham council is merely paving the way to kill the project.

But town administrator Selig insists that's not the case.

["The future of the Wagon Track bike path is not predetermined." 4 sec]

Durham's council isn't expected to take up the matter again until April.

Selig said a public hearing on the trail is also probably in the cards.

For NHPR News, this is Brian McWilliams in Durham.

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