This story was originally produced by The Eagle Tribune. NHPR is republishing it in partnership with the Granite State News Collaborative.
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 Tuesday, 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 the properties through eminent domain to make way for the interchange and related road improvements in the Folsom Road area.
Trefethen’s companies argued that the highway project was designed primarily to serve Woodmont Commons, a major mixed-use development in Londonderry, rather than the broader public interest.
State attorneys countered that the interchange would ease longstanding traffic problems, improve public safety and support economic growth in both Derry and Londonderry. Any benefit to Woodmont Commons, they Jurors were asked to decide three questions: whether the land takings served a legitimate public use, whether they were reasonably necessary and limited in scope, and whether the overall project would produce a net public benefit after accounting for potential business displacement, lost tax revenue and harm to the community.
The jury answered yes to all three questions.
The presiding judge is expected to issue an order reflecting the verdict.
The decision removes a significant legal challenge to a project that has been promoted for decades as a means of relieving traffic congestion in downtown Derry and improving access to I-93.
Construction of the new interchange, including the bridge over I-93, ramps and Old Rum Trail, was completed in 2025, but the exit remains closed while work continues on connecting roads.
The state expects the Folsom Road phase to be completed in summer 2028, allowing the interchange to open to traffic. A final phase involving approximately 1.6 miles of Tsienneto Road and improvements at Route 102 is not scheduled to begin construction until spring 2029.
Rail Trail a separate battle
The project has also faced a separate legal battle over the future of the Derry Rail Trail.
In that case, trail advocates challenged NHDOT’s decision to eliminate a planned tunnel beneath a six-lane roadway and replace it with a street-level crossing that would divert users from the historic Manchester & Lawrence Railroad corridor.
U.S. District Judge Paul Barbadoro ruled in 2025 that federal transportation officials had failed to conduct the required analysis of alternatives that would minimize harm to the historic corridor.
The dispute was resolved in a settlement earlier this year requiring the state to restore the tunnel to the project’s design.
That agreement cleared the way for construction of an underpass intended to preserve a continuous bicycle and pedestrian connection between Derry and Londonderry, ultimately linking trails from Salem to Manchester.
Unlike the rail trail lawsuit, which focused on federal protections for historic resources, the Trefethen case challenged the fundamental public purpose of the highway project and the state’s authority to take private property for its construction.
Tuesday’s verdict affirms the state’s position that the public benefits of Exit 4A outweigh the potential harm to affected landowners and the community.
The ruling does not resolve every issue surrounding the project, however. With the interchange still closed and major road construction scheduled to continue into 2029, questions remain about the final cost and completion date of the long-awaited highway connection.
