The owners of the Common Man Roadside are suing the New Hampshire Liquor Commission, alleging “irreparable harm” as the state continues its search for a lessee to redevelop land along Interstate 95.
The lawsuit, filed in Merrimack Superior Court, is heavily redacted, with most details blacked out and sealed because it contains “confidential business and financial information,” according to court documents. The filing comes in the same year the Common Man Roadside was named one of two finalists to lease and redevelop the two state‑owned properties on either side of I‑95 in Hampton.
That remained the case until April, when the Liquor Commission scrapped its request for proposals after the attorney general’s office identified a “procedural deficiency” in the review process. The commission reopened the bidding in May, and on July 31 announced it had shortlisted one undisclosed bidder and invited them to give a presentation.
The Liquor Commission has not disclosed which bidder was invited to give that presentation.
Common Man Roadside ownership filed the lawsuit against the New Hampshire Liquor Commission (NHLC) on Aug. 17. The suit was technically filed under Seacoast Welcome Center LLC, formed by the Common Man Roadside ownership, as part of their I-95 bidding process.
Brad Pernaw, managing partner at Common Man Roadside and Seacoast Welcome Center, LLC, said he could only share a limited statement on the filing, saying his group is engaged in a dispute with NHLC that is confidential at this point in time.
“I am not able to provide any additional comment without direction from the Court or agreement from NHLC on what details may be shared,” Pernaw wrote in the statement. “We remain confident in the merits of our position and look forward to the opportunity to present our case through the appropriate legal channels.”
Heavily redacted lawsuit claims ‘threat of irreparable harm’
The lawsuit — a writ of certiorari seeking expedited injunctive relief — says Seacoast Welcome Center is asking the court to intervene in an action taken by the Liquor Commission. The nature of that action is redacted, but the filing claims the company is under an “immediate threat of irreparable harm.”
The specific relief being sought is also blacked out. The suit asks the court to issue an order directed at the Liquor Commission and to “enjoin” it, though the details of what the commission would be barred from doing are redacted.
Filed along with the suit is a request for preliminary injunction, the details of which are also redacted. Out of the filings’ combined 63 pages, 51 are fully redacted.
The filings request a hearing in which the Seacoast Welcome Center is seeking a judge to grant an injunction under the redacted terms of the main lawsuit. A hearing has been scheduled for Sept. 1.
Lawsuit latest chapter in bid to redevelop I-95 properties
Common Man Roadside was one of two finalists in the original bidding process to lease and redevelop the I‑95 properties before the state canceled it in April. The other finalist was a partnership between Massachusetts‑based Global Partners — owner of Alltown convenience stores — and developer Dick Anagnost, who owns Revo Casino and has built several New Hampshire Liquor & Wine Outlets.
The state issued a new combined request for qualifications and proposals on May 5, seeking a tenant to develop the property. The RFQ/RFP calls for the tenant to demolish the existing liquor and wine outlets and associated facilities and replace them with new service‑area buildings.
Under the plan, the New Hampshire Liquor Commission would continue to own and operate the liquor stores, while the selected tenant would run the rest of the property. The Common Man Roadside already operates similar service‑area facilities on both sides of Interstate 93 in Hooksett.
The deadline for proposals was June 19, according to the RFQ/RFP. A shortlist was scheduled for release July 31, with developer presentations and interviews before the Selection Committee to occur before Sept. 4. The committee is expected to make a recommendation on Sept. 18.
The choice between the two bidders earlier this year sparked public disagreements in New Hampshire’s news media, with local officials openly backing either Global Partners or Common Man Roadside for the project.
Hampton Area Chamber of Commerce President John Nyhan endorsed Common Man Roadside. He stated the company demonstrates a “sincere commitment to community integration and a willingness to partner with local stakeholders.”
“I’m not surprised that they have filed a lawsuit,” Nyhan said. “I think they have every right to request the real reasons why they were not chosen.”
Reporting by Max Sullivan, Portsmouth Herald. USA TODAY Network via Reuters Connect
