A lawsuit regarding the College's proposed rugby clubhouse on Reservoir Road now includes Dartmouth College, in addition to the original participants, Hanover resident Frederick Crory and the town of Hanover.
Crory filed suit against the town of Hanover in October of last year in reaction to the Hanover Zoning Board's decision to allow the construction of a rugby clubhouse on Reservoir Road.
Following Crory's protest, the College filed a motion to intervene in the case which would allow it to work in conjunction with Hanover to defend the Zoning Board.
"This is commonly done when a land owner has an interest in a case like this," College Counsel Sean Gorman said.
Both Gorman and Crory said the case is based on a matter of principle because it may set a precedent for similar issues in the future.
"If there will be a change in what [Dartmouth] believed to be the ordinance for at least twenty years, it will change our ability to run the programs we want to run," he said.
Crory said he has a vested interest in the outcome of the case, as he lives near the empty lot where the building is slated for construction. He said he fears there will be no limitations on the hours of operation, the use of alcohol in the facility or automobile traffic in the area.
Rugby Club President Marc Cohen '98 said Crory's fears are unfounded "because the only late night event would be the viewing of rugby films and footage at about 7:00 p.m., which really improves [our] game."
In addition, Cohen said, the field is already in use, so the increase in traffic would be negligible.
Crory said the plans violate the Zoning Board's rules.
"There is a zoning ordinance that covers outdoor recreational facilities," he said. "To have the board ignore these facilities and then grant a landowner the ability to use the land how they please goes against the regulations themselves."
Crory said he is also afraid that "without [these laws, Hanover] land will be eaten up by buildings under a permitted use," he said.
This is not the first time Crory has fought against the College on this case.
Crory's protest began last year when Dartmouth applied for an exception to the Zoning Board's outdoor recreation facility ordinance. The application was later withdrawn after Gorman argued that the facility was for educational purposes. Crory filed for a re-hearing but his motion was rejected.
Crory then filed his own suit against the Zoning Board.
Past College projects, such as the Dartmouth Outing Club House, the Dragon senior society facility near Occom Pond and the Roth Center for Jewish Life have run into zoning controversies as well.
In all of these cases however, the projects were successfully completed, despite the controversy.
Crory said he will not let the case end without a fight. He said he plans to bring the case to voters at the next town meeting to tighten and enforce the zoning ordinances.
On Feb. 6, Gorman said, a judge will "set a schedule for discovery and case preparation" in the matter.
