Grafton County Superior Court yesterday rejected an appeal by Hanover merchants that challenged the right of the College to operate Topside, the convenience store in Thayer Dining Hall.
The decision apparently ends over two years of legal wrangling, and should allow the College to continue running Topside without a special zoning exemption.
Local merchants filed the suit against the town of Hanover, claiming that the town should have forced the College to ask for a special exemption to town zoning laws when renovations transformed Topside from a cafeteria to a convenience store.
Topside now sells food and other items and rents videotapes.
Assistant College Council Sean Gorman said he was not surprised by the decision.
"I think we're glad to see the town's decision upheld," Gorman said. "It's not a surprise in the sense that we never thought it to be much of an issue. Topside is similar to campus stores across America."
"It's not treated differently and we don't need any special permit to do what everyone else does," Gorman said.
He said he was glad the controversy appears to have ended.
The College was not named in the suit and was not asked to present briefs to Judge Peter Smith.
A section of the Zoning Ordinance says institutions should use their lands "for purposes related to the purposes of the institution."
Dartmouth Bookstore Manager Dave Cioffi, who spearheaded the merchants' efforts, said a store that sells videos did not further Dartmouth's purpose as an educational institution.
The other main plaintiffs in the case were Foodstop, Stinson's, Polaris Properties and the owner of the Hanover Park building where Panda House is located.
Cioffi said his group was trying to clear up "gray areas" in the town's zoning laws.
"We can't allow commercial development in a non-commercial zone," Cioffi said. "We were trying to get it clarified, and we succeeded in doing that. What needs to be looked at is what is proper in an institutional zone."
Topside has an unfair advantage over the Dartmouth Bookstore because students can use the validine system, which allows students to charge purchases to their identification cards, he said.
"Those crazy commercial activities are hurting the business community," Cioffi said in an interview earlier this month.
Cioffi, who had not read the court's decision, said he does not think the merchants will appeal the decision to the New Hampshire Supreme Court.
Two years ago, Hanover's code administrator, Peter Johnson, ruled in favor of the merchants, saying Dartmouth had to apply for an exception to the zoning laws.
But the zoning board ruled in favor of an appeal by the College in January. The merchants then regrouped and filed the appeal.
Gorman said in early November that the College could get an exemption from zoning laws even if the Superior Court ruled against the town.
