Because the center is located in an "institutional zone," classification as an educational building allows construction on the center to proceed without the review necessary for buildings labeled research laboratories.
The Hanover Planning Board -- which is responsible for considering a building's impact on its surroundings, such as the noise it will generate -- approved construction plans in November.
The OPNA appealed both of these decisions to the Grafton County Superior Court. In his 44-page decision, presiding Justice Timothy Vaughan denied both appeals.
Superior Court decisions are principally based on whether the original decision is legal and reasonable, rather than on whether it was correct, according to Ellen Arnold, associate general council for the College. In his decision, Vaughan wrote that "no decision can be set aside unless the court finds an error of law, or is persuaded by the balance of probabilities that the decision is unreasonable."
The OPNA has until Aug. 8 -- 30 days from the date of the clerk's notification of the decision -- to file an appeal of the ruling to the New Hampshire Supreme Court. The Supreme Court accepts all appeals, according to Arnold, and the permitting process for the building cannot begin until after the 30-day appeal period lapses. Arnold said she has not received any formal notification of whether the OPNA intends to file an appeal, although such notification is not legally required.
"Vaughan did such a thorough job in exploring the arguments," associate Provost Mary Gorman said about the probability of further appeals. "I certainly hope that the thoroughness of his response and the seriousness with which everyone has taken this discussion will help us move on with the building project."
Barry Schuster, the OPNA's attorney, did not return requests for comment by press time.
The construction of the building, which will provide new housing for the biology department, is a priority for the College's trustees and administration, Gorman said.
"I think for people who are studying in the life sciences, it will just be an amazingly wonderful learning environment," Gorman said, noting that some faculty laboratories must now be located Centerra Research Park because of a lack of space in Gilman. "The new building will also enable faculty to continue with their discovery and their research, and I think will be terrific in helping to recruit and retain faculty members."
The College had met with OPNA members on March 1 in an attempt to settle the issue out-of-court prior to the Superior Court hearing, Gorman told The Dartmouth in April. The College never received a response to the legal proposal it sent to the OPNA based on that meeting, Gorman said in a Thursday interview.
Although construction on the building was originally slated to begin in November 2007, legal action delayed the start date, Arnold said. Construction is now estimated to begin in August 2008, according to the Office of Planning, Design and Construction web site, and the building should be ready for occupancy in August 2011.
Stephen Campbell, director of the Office of Planning, Design and Construction, told The Dartmouth in October that he hoped the building would be ready for occupancy in March 2010. Campbell declined to comment about the court's decision.
Gorman said the College tries to settle conflicts with neighbors about construction outside of the legal system and rarely has to go to court. The College and the OPNA should continue to have a "good relationship," despite the suit, Gorman said.
"The neighborhood association works with the College on things like the Winter Carnival party. They've been great friends with the College," Gorman said. "People can disagree, but they're our neighbors. We'll keep working with them."
