Sunset Beach to help DOT fight suit

Sunset Beach | The town of Sunset Beach hopes it can pull some weight and help the N.C. Department of Transportation overcome the latest lawsuit blocking construction of a new Intracoastal Waterway bridge.

The Sunset Beach Town Council voted at a special meeting Friday to hire Raleigh attorney Amos Dawson to intervene in the latest bridge lawsuit.

Dawson has represented the town before on issues relating to the proposed 65-foot bridge that will replace the town's single-lane pontoon bridge.

A lawsuit was filed Oct. 4 by the Sunset Beach Taxpayers Association, Douglas W. Hix, William A. Ducker, Bonnie Kelley, Nina Marable and the Brunswick Environmental Action Team.

The lawsuit was filed the same day the DOT was expected to award a construction contract to English Construction Co.

The lawsuit most likely will delay the construction of the bridge, as the construction company's $30.9 million bid is good only for up to 60 days.

The plaintiffs allege that the DOT has failed to address environmental effects of the bridge construction and that the DOT is in violation of the National Environmental Policy Act and the Environmental Protection Act.

The complaint contends the DOT has modified its construction plans since completing a court-mandated environmental impact statement in 1997 and should conduct a supplemental study.

Jim Maxwell, the attorney representing the plaintiffs, said he will not oppose the town's intervention.

Maxwell said he and the state attorney general's staff are working to move toward a hearing on the suit within the next few weeks.

Sunset Beach Mayor Ron Klein said the town's intervention is needed because the town and its residents are directly affected by the lawsuit and the delay of the bridge's construction.

Klein said he wants the DOT to remember that "the last public hearing was five to one in favor of getting the bridge up."

Shannan Bowen: 755-6307

shannan.bowen@starnewsonline.com