Concord, NH – Attorney General John M. Formella announces that the Department of Justice obtained a jury verdict affirming that the New Hampshire Department of Transportation’s acquisition of land and construction of Exit 4a off I-93 was for the public’s use, that it was necessary and reasonable, and that there was a net public benefit to construct the new exit. The case is State v. 101 Franklin Derry, LLC, et al. and the result was reached after a four-day jury trial.
The Exit 4A project represents a 40-year effort by NHDOT, the Towns of Derry and Londonderry, and the Federal Highway Administration to improve traffic flow and, as a result, promote public safety and economic vitality in Derry and Londonderry. In order to construct the Exit 4A project and other improvements in the Folsom Road area of Derry, NHDOT acquired land via eminent domain from 101 Franklin Derry, LLC and S&L Elm Street Holdings, LLC, companies owned and operated by local land developer Steven Trefethen (“Condemnees”).
The Condemnees challenged NHDOT’s takings on the basis that the Exit 4A project primarily serves a private Londonderry-based development known as Woodmont Commons, to the detriment of the Condemnees and the Town of Derry. The State argued that the Exit 4A project solves longstanding traffic issues in the area, and that any benefit to private development is incidental to these primary objectives.
After hearing 4 days of evidence and argument, the jury was asked to answer three questions:
1. Did NHDOT prove that it is more probable than not that the acquisition of portions of the Condemnees’ property serve a qualifying public use?
2. Did NHDOT prove that it is more probable than not that the acquisition of portions of Condemnees’ property is reasonably necessary and reasonable in scope?
3. Did NHDOT prove that it is more probable than not that the Exit 4A Project will produce a net public benefit when weighed against any probable business displacement, lost tax revenue, and harm to the community?
After approximately one hour of deliberation, the jury returned a unanimous verdict answering “yes” to all three questions, reaffirming the public good presented by the Exit 4A project. The judge has stated that an order will be issued consistent with the jury’s verdict.
The trial team included Assistant Attorney General Colin P. Carroll, Attorney Kat J. Mail of the Public Safety and Infrastructure Bureau, Assistant Attorney General James H. Holl, as well as Investigative Paralegal Tatiana M. Komisarek.