Of course it was absurd. On Jan. 10, the U.S. Court of Appeals, First Circuit, ruled again that the Maine Department of Transportation (MDOT) could proceed with construction of a new bridge between Topsham and Brunswick.

If you are keeping count, this was the eighth lawsuit brought by the Friends of the Frank J. Wood Bridge and their partners in the lawsuits, the National Trust for Historic Preservation, the Historic Bridge Foundation and Waterfront Maine LLC (the owners of the Fort Andros Mill complex). Their aim: to stop construction of a new bridge and to compel MDOT to rehabilitate the existing, rusty and rickety Frank J. Wood Bridge that was built in 1932. The court said no to that.

If you are stunned, you have reason to be. Yes, this concerns a new bridge that is already half built. For the next few weeks, you can watch huge girders being laid on new piers already constructed. Would victory for the Friends of the Frank J. Wood Bridge, have meant abandoning the half-built new bridge? Or would it have meant having two bridges in the same location, one “historic” and one suited to the contemporary needs of the two communities? Either possibility would have been absurd.

As we take in this court decision, let us settle into three important conclusions.

These lawsuits cost the rest of us a great deal of money and time. The lawsuits delayed the beginning of the construction of the bridge, and during these delays the cost of the new bridge went up many millions of dollars. And during these delays, the Frank J. Wood Bridge was less and less able to serve us well. In 2021, the load capacity of the bridge was lowered from 25 tons to 10 tons. As a result, fire engines, school buses and some commercial trucks have been unable to use the most direct route between the two towns.

Finally, the two towns can get what both want — a new bridge. This dispute has not been David v. Goliath, not a dispute between ordinary citizens and a faceless, unaccountable bureaucracy. Not at all. Both elected town governments made it clear long, long ago that they wanted a new bridge. MDOT took in a great deal of public input as it planned how to proceed, and that public commentary showed a great deal of support for a new bridge. Both town governments chose members of a citizens’ committee that gave MDOT advice about the design of a new bridge. It has taken a long while, but the two communities have won.

This was a victory for a sensible understanding of historic preservation. Let us be clear, the Frank J. Wood Bridge was never designated a historic bridge by either town. It was eligible for such a declaration, but neither town made application to have it so declared. Historic mills (Pejepscot Mill, Fort Andross/Cabot Mill) may lie at either end, but the Frank J. Wood Bridge (1932) was built as those mills were falling into disuse. If there was ever a bridge at this crossing properly deemed ‘historic,’ it was one or all of the several bridges on the site before 1932.

Yes, it was important that the Frank J. Wood Bridge be accorded respect as something old and familiar. Yes, it was important that due consideration be given to whether it could be retained and rebuilt to serve the needs of today’s citizens. But just as certainly, other considerations needed to be weighed as well: safety, cost, practicality. MDOT’s judgement – and the judgement of many of the rest of us – was that these other considerations justified a new bridge, one safter for cyclists and pedestrians, one with a longer future life, one less expensive. Now in the eighth court case, the Court of Appeals has laid the matter to rest.

At the very end of the ruling, the justices observe that there must be an end to this succession of lawsuits. In the face of the absurdity, their final words are poetic: were agencies like MDOT to be compelled “to reopen its proceedings and ‘update’ their assessments, finality and repose would diminish as proceedings might never end.”

And so now the dispute has ended, unless the “Friends” try to persuade the U.S. Supreme Court to further frustrate the two towns and their citizens.

Douglas C. Bennett is a Topsham resident.