A side-by-side example of the 2020 plan and the 2024 plan for the Derry rail trail. (Courtesy Committee to Save the Derry Rail Trail Tunnel)
Attorney General Jane Young, joined by the Federal Highway Administration, is calling for the dismissal of a federal lawsuit filed Aug. 26 in U.S. District Court in Concord by the Committee to Save the Derry Rail Trail Tunnel.
The local nonprofit, joined by Rails to Trails Conservancy, a nation-wide nonprofit, says the best plan is a tunnel, while state and federal highway experts want to install a loop to carry riders and walkers.
The first Derry rail trail plan proposed in 2020 had an underpass to travel close to the historic Manchester and Lawrence Railroad path.
The loop is a replacement for the tunnel plan because NHDOT estimated the loop project would save approximately $770,000, and the town would save money on routine maintenance. Another reason NHDOT has chosen the loop plan is because the area is prone to flooding.
The rail trail organizations call the plan unsafe to recreational users, including pedestrians, bikers, and people with disabilities. The plan has been named the “spaghetti loop” by detractors since it was proposed due to the twisting nature of the updated route.
In October, the two rail trail advocacy groups called for an injunction on the Exit 4a project until the outcome of the lawsuit is determined. The objection to the injunction was filed Nov. 4.
A status conference on the matter has been set for 2 p.m. on Nov. 25 in U.S. District Court in Concord. Judge Paul Barbadoro will be presiding over the hearing.
The state and federal agencies are asking for the courts to throw out the lawsuit because the plaintiffs did not prove that their proposed plan is safer than the current one, that the choice was made only for cost savings, and that there is irreparable damage done to the organizations and the community by this plan.
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