To the editor:

Portsmouth has gone it alone in a lawsuit our own solicitors say could cost $100,000 or more. We are already about $13,000 into the $20,000 authorized by the council — before the state has even filed a response (Portsmouth Times, Oct. 1, 2026). Twelve municipalities endorsed this effort, yet only Hopkinton has contributed money: $4,000.

Why did the council not first create a funded consortium, with shared legal costs and counsel, before filing suit? Instead, Portsmouth taxpayers carry the risk while other towns wait to see whether the case shows promise — and retain the option of joining later.

What are we getting for that expense? Even our solicitors concede that the lawsuit gives the planning board and zoning board no new authority today. “Filing the complaint doesn’t get us there,” one said. One resident called the chance of success “minimal,” while a council member described the action as “frivolous litigation.” The General Assembly has broad authority to enact these laws; challenging them in court is a long shot. The only certain result is that lawyers will continue billing hours. Two council members urged working first through our legislative delegation. That path was bypassed.

The financial context matters. Schools, police, fire, and debt consume about 81 cents of every Portsmouth tax dollar, leaving roughly $15 million of the town’s $79.2 million budget for all other services. That remaining 19 cents must fund parks, sidewalks, senior services, the library, and other needs residents already identify as underfunded. This year’s entire capital budget — roads, public-safety equipment, and facilities — is only $848,000, and capital requests were deferred to remain under the levy cap. A lawsuit that exceeds $100,000 would consume nearly one-eighth of the capital budget.

I share some concerns about local control. But if this is truly “not just a Portsmouth issue,” it should not be Portsmouth’s burden alone. The council should pause further spending until other communities make meaningful financial commitments, and it should provide residents with a clear litigation budget, benchmarks for continuing the case, and an exit plan.

Joe Studlick

Portsmouth