Hanover's Planning Board is facing legal pressure from the College over restrictions placed on construction at Chase Field.
In a Dec. 24 letter to the Planning Board, Director of Facilities Planning Gordon DeWitt argued on behalf of the College that the conditions placed on the project were unfair and unconstitutional.
"The Planning Board's efforts to appease neighborhood concerns led it to ignore Dartmouth's legitimate interests and legal rights," DeWitt wrote.
The College has filed an appeal of the decision at Grafton County Superior Court, but is hoping the Board will reopen discussion so the matter can be resolved outside of court.
The Planning Board will discuss the letter and whether they will consider reopening the Chase Field case at their meeting on Tuesday.
"We still hope that it will all come out in the best interest of the College and their neighbors," Planning Board Chair Charles Faulkner said.
The project has been debated at 10 public hearings last year before the Board reached its decision on Nov. 24. Residents living near the field opposed the project because of potential disturbance from lighting and noise.
In November, the Planning Board approved a compromise plan, which placed 17 conditions on the field project and its use.
One of these restrictions limited nighttime game play to only 10 events per year. Another limited the use of the public address system to the national anthem and announcements related to the game being played.
DeWitt argued that the Planning Board violated its regulations by failing to give reasons for its denial of parts of the proposal. DeWitt also argued various conditions of the decision were unconstitutional, including the limitations on the use of the public address system, which he said violated First Amendment free speech rights. A stipulation that requires a walkway constitutes an unconstitutional seizure of private land, DeWitt argued.
The letter also criticized the restrictions on lighting as unreasonable and interfering with athletic practices.
According to the Planning Board's decision last term, lights on the artificial turf field would be turned off at 8 p.m., and lights on the other practice field would be turned off at 7 p.m.
DeWitt argued that this would prevent athletic teams from fitting in all the necessary practices.
Chase Field is currently used by the soccer, lacrosse and field hockey teams. The College plans to build indoor tennis courts and an artificial turf field with lighting for night practice and competition.
