Judge throws out Peterborough water company suit

PETERBOROUGH, N.H. --A federal judge has thrown out a $5 million lawsuit brought by a spring water company that accused the town of unfairly rejecting its expansion plans.

Monadnock View Holdings, which owns Highland Springs Water, sued last year alleging that town officials were biased against the company because they had connections to another spring water company, Barking Dog Water. The town has repeatedly denied Monadnock View's expansion plan, which called for drawing water from springs in a residential area and turning a historic town barn into a restaurant and inn.

In dismissing the suit this week, Judge Paul Barbadoro said Monadnock View failed to show that its competitor received any advantages.

Neighbors fought Monadnock View's proposal to draw water from 300 acres of residential-zoned land. They worried about truck traffic and the potential of water shortages caused by the commercial operation.

When the town rejected the company's attempts to pursue variances for its projects, it tried -- and failed -- to change local zoning laws through warrant articles.

The lawsuit was its last resort.

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Information from: New Hampshire Union Leader, http://www.unionleader.com