If they don’t like the state plan, what is Portsmouth’s plan to improve development in a reasonable, measured pace?”

Mat Mitchell, local resident

PORTSMOUTH — As Portsmouth embarks on what its solicitors acknowledge could become a $100,000-plus legal battle with the state, one question remains unresolved: Who will pay for it?

The town council has authorized up to $20,000 for its challenge to recent state housing laws, with roughly $13,000 already spent, co-Town Solicitor Giovanni Cicione said Thursday.

RELATED: Portsmouth sues over housing laws

Although 12 other municipalities have endorsed Portsmouth’s broader effort to challenge the housing mandates, only Hopkinton has committed money — $4,000 — so far.

That prompted resident Mat Mitchell to ask during Thursday’s press conference why Portsmouth should take the financial lead without firmer commitments from other communities. Mitchell also expressed doubts about the strength of the town’s legal case.

“That’s a very tough legal battle,” Mitchell said afterward. “The chance of success is minimal.”

He said most communities that supported Portsmouth’s January resolution have stopped short of committing taxpayer dollars to litigation. Mitchell also asked what Portsmouth would propose instead if it succeeds in overturning portions of the state’s approach.

“What we haven’t seen is, what an alternate plan would be,” he said. “If they don’t like the state plan, what is Portsmouth’s plan to improve development in a reasonable, measured pace?”

PCC’s involvement

The role of Portsmouth Concerned Citizens (PCC), a local taxpayers group that has strongly supported the legal challenge, has also drawn criticism.

PCC members and supporters had a noticeable presence at Thursday’s press conference. Three of the four council members standing with the solicitors — Mary McDowell, David Reise and Sharlene Patton — have previously been publicly identified as PCC members. Council Vice President David Gleason also participated.

PCC President Larry Fitzmorris strongly urged the council to file the lawsuit when the matter came before it Sept. 14. “We’ve been working on this for a long time,” Fitzmorris said then. “This needs to get done and it needs to get done quickly.”

He said opponents of the housing laws were “losing some of our leverage on this matter the closer we get to the election” and predicted support would grow in other communities.

“Once this is explained to people, it’s going to catch fire,” Fitzmorris said.

Mitchell raised PCC’s role indirectly during Thursday’s press conference when he asked whether private organizations supporting the lawsuit would contribute money or retain their own lawyers.

Cicione said the town has no agreement with PCC or any other community group.

Afterward, Mitchell said he believes politics has played a role in the lawsuit.

“I don’t want to just devolve into a political thing, but I believe certain elements of this were done for political show, which is understandable,” he said.

He noted the council unanimously supported the January resolution when the town was considering possible legal action, but became divided when it came time to spend money and file suit. “There is a strong, local conservative group in town that felt yes, this should be pursued,” Mitchell said. “They have a presence in the town council.”

Council member Juan Carlos Payero, who voted against filing the lawsuit, was more pointed.

“The PCC is pretty much running this entire thing,” Payero said after Thursday’s press conference. 

Solicitors taken to task

He also criticized the role of the town’s two solicitors.

“They act like the eighth and ninth members of the council,” he said.

The solicitors, meanwhile, said they expect other municipalities to join the lawsuit now that they can see the actual complaint.

“We have 12 on board. We know we’re going to get several more,” co-Town Solicitor Joseph Larisa Jr. said.

If that happens, he said, the cost to Portsmouth could be reduced considerably. “This whole process really starts today to get the money and the other communities involved,” Larisa said.

Cicione argued the cost of litigation should also be weighed against what he said could be much greater financial consequences for Portsmouth from development under the new state laws.

At least one person at Thursday’s gathering was ready to help: A man in the audience offered to personally contribute $1,000 toward the lawsuit.