River Park resumes work

1. River Park set forth re-mobilizing with its Construction Manager to excavate the building’s foundation and remove the City’s no-easement stormwater line into a temporary bypass line, in accordance with existing approvals and the NH Superior Court’s Nov. 25, 2024 order.

2. Work was released after the City’s Request for Reconsideration was denied by the Court on Dec. 24, 2024.

3. This was the third mobilization, following the successful Municipal Estoppel case in 2024, and successfully appealed stoppage and ultra vires conditions in 2023, following the 2020-2022 Covid-19 disruptions.

“While this work authorized by the Building Permit was ongoing, XYZ’s contractors were making preparations to bypass, into a new temporary drainage line during construction, an old stormwater pipe that the City had installed underneath the Property years ago without an easement or permission of the Owner. That pipe, which was decaying, was located underneath the area where the new Building 1 was to be located, and had to be removed before the excavation could be dug down to its required depth, and the foundation of Building 1 poured. XYZ had already obtained an Alteration of Terrain (“AoT”) permit from New Hampshire Department of Environmental Services (“NHDES”) authorizing it to make the bypass, and to remove the old stormwater pipe, and did not require any other permit from the City, which had a received copy of the AoT permit for its files years earlier.” - Affidavit of David Clem, June 23, 2025.