DERRY — A jury has sided with the state in a legal challenge to the $100 million-plus Exit 4A project, ruling that the state’s seizure of private land to build the new Interstate 93 interchange serves a legitimate public purpose.
The unanimous verdict came after a four-day trial in a case brought by companies owned by local developer Steven Trefethen, who argued that the project primarily benefits the massive Woodmont Commons development in Londonderry at the expense of property owners and taxpayers in Derry.
The jury took approximately one hour to reject that argument, finding that the New Hampshire Department of Transportation had demonstrated that its use of eminent domain was reasonable, necessary and would provide a net benefit to the public.
Attorney General John Formella announced the verdict on Oct. 20, marking a significant legal victory for a highway project that has been in the planning stages for four decades and has faced repeated legal challenges.
The case, State v. 101 Franklin Derry, LLC, et al., involved property acquired by the state from 101 Franklin Derry LLC and S&L Elm Street Holdings LLC, both owned and operated by Trefethen.
The state acquired portions of th...