AMHERST - Amherst officials are asking a Hampshire Superior Court judge to dismiss a lawsuit aimed at stopping a solar project proposed for the town's former landfill on Belchertown Road.

The town filed the answer to the lawsuit through its attorney, Joel Bard of Kopelman & Paige, in a letter sent to the court July 8.

"Our attorneys believe this lawsuit has no legal merit," said Town Manager John Musante, in a statement. "This is a strong project that received overwhelming support from the Select Board and from Town Meeting and it has widespread support from the community at large."

Michael Pill, the Northampton attorney representing the plaintiffs, said he is not surprised that the town wants the case dismissed, but added that by filing an answer, rather than a motion to dismiss, the town is acknowledging some of the allegations made in the lawsuit are true.

"They did not file a motion to dismiss, which says to me they're not serious," Pill said.

On May 16, Town Meeting decisively supported an article that gives Musante the authority to lease a portion of the old landfill to Blue Wave Capital for up to 30 years for the purpose of a solar installation designed to generate as much as 4.75 megawatts of power annually for the town.

The lawsuit focuses on a point raised at Town Meeting by Jill Hathaway of Tanglewood Road, one of the plaintiffs. She cited a 1989 state grant program for capping the old landfill, in which the town was required to file a deed restriction saying the site could only be used for recreation. Musante said at Town Meeting that town and state officials determined no such deed exists, even though its filing was a condition of receiving a state grant.

Pill said the lawsuit should not be seen merely as a means of delaying the solar project, noting that he is preparing a motion for summary judgment, which if successful would stop the project altogether. He noted that the town used up almost its entire 20-day period in which to file a response to the lawsuit.

The filing of the answer is one more step in the process of bringing the renewable energy project to town, said Sandy Pooler, the town's finance director and acting town manager while Musante is on vacation.

"We'd like to see the suit dismissed so we can move forward with the project in more constructive ways," Pooler said.

Even with the lawsuit in place, Pooler said, there are steps the town can take to advance the project. For one, it can continue to negotiate the details of the contract with Blue Wave, which will set prices for the electricity the photovoltaic solar panels would generate and consult with the Department of Environmental Protection to ensure all requirements will be met to alleviate neighbor concerns.

"John (Musante) is continuing to reach out to the neighbors, to work out the issues, and help the project work and answer their concerns," Pooler said.

Some of these discussions could focus on setbacks, buffers and other means of protecting homes built near the landfill site, according to Musante.

The plaintiffs in the case include Christopher Kostas of 24 Summerfield Road, Hathaway and Nicholas Fay of 19 Tanglewood Road, Emily and Michael Krasnik of 23 Tanglewood Road, Katherine Dorfman and Gary Hardegree of 163 Wildflower Drive, Janet Bordwin Kannel of 40 Summerfield Road, Howard Rhett of 36 Summerfield Road, Emily and John McDermott of 148 Wildflower Drive, and Peggy Matthews-Nilsen and Sigurd Nilsen of 27 Teaberry Lane.

In addition to Musante, the defendants listed on the suit are the five members of the Select Board, Treasurer Claire McGinnis and Comptroller Sonia Aldrich.

The town must secure permits for the project from the Zoning Board of Appeals, during which residents will have an opportunity to raise additional questions.

Bard, in a statement, said he hopes a resolution can be reached by both neighbors and the town.

"We think it's clear, however, that the case should be dismissed, and we will be making that argument to the court," Bard said.