This lawsuit has been a sleeper as far as discussion is concerned. Aside from a brief article recognizing the filing, there has been zero reporting of the issues or developments in the case. At the Deliberative Session a few weeks ago I was stunned to find out that $200,000 has been spent on legal fees and $500,000 is in this year’s budget.
Here is a brief, very readable summary of the Town’s complaint and the engineer’s response, as well as the court’s summary of the relevant legal issues that must be decided: Pretrial conference report with case summary.
wolfeblog 
The lack any significant reporting of this in the Grunter just confirms my view that it is a mouth peace of certain political factions, and can not be relied upon as a news source.
Can you say “Pay toilet!”.
You have to wonder if the pressure NHDES was putting on Town officials at that time had any impact on the way the criteria was presented/offered in the RFP for engineering services and if the objective was to get something that would satisfy DES and move on. Wonder why DES didn’t catch any inconsistencies in their review.
Trial date of mid-september 2013. Ouch. I can hear that legal clock tickng.
Walter Spellman
No question. That’s part of the essence of WP’s defense. They say they were hired to help the town satisfy the NHDES Administrative Order and that reduced capacity notwithstanding, the state is satisfied. If WP is to be believed, the state didn’t catch any inconsistencies because there weren’t any. WP maintains that they exercised the appropriate standard of care in designing the system. Did all of the standard tests. There is a question of whether the town blew out the side of the hill by “fracking” the system early on with excessive flow rates.
By the way, WP has filed a counterclaim asking for summary judgement as a matter of law and to be awarded legal expenses.