Jim Pietrangelo of Bartlett; an attorney; suing the governor and New Hampshire over Department of Transportation asked a judge Monday to rec path demolished and to prevent a skate park from being built on state land as well. (Photo by Daymond Steer, Conway Daily Sun)
A Bartlett man who is suing the governor and New Hampshire over a planned skate park in Conway on Monday asked a judge Monday to OK demolishing the North Conway Rec Path.
Lawyer Jim Pietrangelo of Bartlett, who has long opposed using state land for the Kevin Peare Memorial Skatepark, filed suit in Carroll County Superior Court in May, complaining that the state, using federal dollars, paid nearly $2 million for land in Conway that was meant for the now defunct bypass project but which is now undervalued and made available for the skate park and rec path at no cost.
The first phase of which runs along North-South Road and through the woods from Walmart up to Cranmore
Parcel 235-55 off Hemlock Lane runs parallel to the North South Road, is 46 acres and its assessed value is $220,000. A triangular parcel, 235-56, just south of Pudding Pond is 2.9 acres and assessed at $51,000.
Pietrangelo’s lawsuit seeks a jury trial, names Gov. Chris Sununu, the Executive Council, DOT Commissioner Bill Cass and DOT Administrator of Bureau of Right of Way Stephen Labonte as culpable parties.
On Monday, Pietrangelo, by video conference, was before Judge Mark Attorri in Carroll County Superior Court for a hearing both on the state’s motion to dismiss and Pietrangelo’s request for relief from the court. Attorneys for the state were Christina Marie Wilson and Colin Carroll.
Pietrangelo said he is bidding on the land, but Carroll said the state has no obligation to sell to him.
During the latter half of Monday’s hearing, Attottri asked Pietrangelo what he wants the court to do.
“I think there’s only one clear option, and there may be another option, which I’m not sure what that is, but the clear option is to have the path removed,’ said Pietrangelo.
Pietrangelo said the other option would be to have the land offered to him. He said the issue would be fair market value minus the path. Still, he believes the path must be removed to preserve the law.
Pietrangelo argued Monday that the state purchased the lands with federal funds and was obligated to build a highway on those parcels unless the Legislature acted to allow something different to be built.
“The state did not have the right to put that path on that land that was purchased for a highway, so that cannot be disputed,” he said.
Carroll said the suit is premature because the state hasn’t made a decision on selling the land to the town.
“Mr. Pietrangelo really has shown one of two things — that it’s certainly impending that the state is going to convey this parcel outside of the surplus procedure … or B, that we have initiated the surplus proceedings and that we just simply haven’t followed it correctly or something incorrect has happened,” said Carroll. “And where we are in this case right now is we’re in these ongoing discussion.”
He added, “We should really be allowing these policy decisionmakers to see that decision go to fruition.”
Carroll said Pietrangelo could refile his suit if he’s unsatisfied with the process after such a sale happens.
He said the town, the state and the feds agreed that the rec path would be appropriate for the land.
Carroll said there was another statute that makes the state’s actions lawful. “I don’t think merits warrant an injunction under this factual scenario,” said Carroll.
As for the skate park, Pietrangelo said the federal government allowed the rec path to be constructed on the condition that nothing recreational would be allowed to be built there.
“Your Honor, they’re ready to start building that skate park. The voters approved the skate park. They have funding. They have plans,” said Pietrangelo. “In some minutes of a town meeting a couple of months ago, the only thing stopping that skate park from already having been built is this lawsuit.”
But Carroll said, “We’re still in informal discussions between the town and the state as to what we’re going to do with these parcels, how we’re going to convey them.”
Attorri said he would issue an order when he can.
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