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November 27. 2012 9:46PM

Thibeault Sand and Gravel, town working toward an agreement outside courts

RAYMOND - More than two years after Thibeault Sand & Gravel filed suit against the planning board, the company is still hoping to come to an agreement with the town without the need for further litigation.

A civil suit was filed in April 2010 after the planning board denied an application submitted by Thibeault to operate a quarry on their Raymond property.

Since then, the board of selectmen has been in talks with Thibeault to try to reach an agreement.

The Upper Lamprey Neighbors Group which represents a large number of abutters to the property is an intervenor in the case and was also recently compelled into mediation with Thibeault and the town by Rockingham County Superior Court Justice N. William Delker.

Most recently, the board of selectmen filed a motion seeking to act as intervenors in the case.

According to the selectmen's motion, the town has pursued and recently obtained a Preliminary Large Well Siting/Large Groundwater Withdrawal approval from the state Department of Environmental Services for two wells on the Thibeault property.

The selectmen state that as a result, they have a direct interest in the outcome of the litigation as it may affect the town's ability to acquire and carry out the construction of a badly needed municipal well field for the benefit of residents.

ULNG contends that Thibeault and the town are seeking to resolve the pending litigation by pursuing a new excavation proposal.

According to an Oct. 22 motion filed by Thibeault, the board of selectmen and the company began discussions after the initial pleadings to identify critical areas of the rejected plan so Thibeault could ultimately reach some level of approval for the productive use of their property.

A structuring conference in the case was scheduled for this week.

gmacalaster@newstote.com


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