American Motorcyclist May 2018
Residents Sue City, State Over OHV Trail
Neighbors Object To Noise
Some residents of Gorham, N.H., have sued the city and some state agencies, claiming the noise and exhaust from OHVs and the “menacing behavior” of OHV riders on nearby trails hamper their enjoyment of their homes.
Attorney Arthur Cunningham told InDepthNH.org that thousands of off-road vehicles traverse the trails on weekends. One resident involved in the lawsuit says an OHV rider trespassed on her property in 2016 and urinated in her yard. Another couple called police in 2017, claiming they felt threatened when four OHV riders stopped across the street, said, “See, that’s the house,” revved their engines and rode away.
New Hampshire’s trail system includes public roads, abandoned railroad beds and trails on private property. Part of the state system passes through Gorham.
The lawsuit names as defendants Gorham and the commissioners of the state departments of Transportation, of Natural and Cultural Resources, and of Resources and Economic Development.
The homeowners are demanding permanent removal of the OHV trail head and trail from their neighborhood and damages for the claimed loss of value of their homes.