The nearly year-long legal battle over whether the College needs the approval of the Hanover zoning board to build the Rugby Clubhouse in a recreational area will be settled soon by a Grafton County Superior Court justice.
The justice's ruling could challenge an interpretation of Hanover zoning ordinances that has exempted College building projects in recreational areas from the board's approval -- a special exception -- because of Dartmouth's status as an educational institution.
Both parties in the case, the town of Hanover and town resident Frederick Crory, argued Friday before Justice Edward Fitzgerald. Associate College Council Sean Gorman also argued at the hearing.
Although Dartmouth is not a party in the case, it has become involved because College interests are at stake, Gorman said.
"We have operated on one interpretation of the zoning ordinance," he said. "Suddenly, there's a change in that interpretation. That change could have an impact on the way we operate and have operated for a quarter of a century."
The zoning ordinance controversy comes as a result of the actions of Hanover resident Crory.
Crory challenged the zoning board when it decided the College did not need permission to build the Clubhouse and brought suit against the town of Hanover when the board refused his request to reconsider its decision.
Crory said he does not object to the Clubhouse, but rather to the fact that the College can build on recreational land without the approval of the zoning board or input from Hanover residents.
He said he expects the Clubhouse to be built, but would like the board to consider the needs of Hanover residents, who might desire fewer lights or noise restrictions.
"If you intend to put a building up in an outdoor recreational area, you are required to have a special exception for buildings in that area," he said.
The battle over the Rugby Clubhouse began when a code administrator decided the College had to apply for building approval from the Hanover zoning board, and the College decided to appeal the decision, Gorman said.
The zoning board decided the College did not need to apply for an exception, a decision that came as a disappointment to residents who had written letters to the board in anticipation of the College's application, Crory said.
Crory said if the judge does not rule that Dartmouth is required to apply for a special exception from the board, he will put the matter before Hanover voters.
He said he wants to set a precedent for future College construction. "[This is] the first of many cases Dartmouth will be bringing on building on outdoor recreational areas," he said.
