A lawyer for the developer of a massive, upscale outlet center told a judge Wednesday that any delays in construction would be detrimental to the $100 million project.
"It puts the entire project at risk," Attorney Morgan Hollis said of a recent lawsuit filed against his client, Merrimack Premium Outlets, which broke ground in September.
The suit, brought by Michael M. Mills of 7 Arbor St., said the developer failed to conduct required ground water and well testing last fall and this past spring, as required.
A hearing Wednesday at Hillsborough County Superior Court in Nashua had Judge Jacalyn Colburn hearing testimony from both parties.
Hollis said Merrimack Premium Outlets has conducted water sample tests that have been deemed adequate by town officials.
Mills, who lives about 500 feet from the construction site off Industrial Drive, said he wants to hold the developer accountable and ensure that area drinking water remains safe and plentiful.
"This is the only source of water I have available to maintain my health, sanitation and a reasonable standard of living," said Mills. "That is why I am bringing this suit today."
While the developer admits that it failed to conduct water testing during early fall and early spring as required, it does maintain that samples taken in August and January are adequate.
Hollis also argued that one of the 18 wells originally included in the water testing list is now on private property and does not need to be tested.
Hollis said town officials are pleased with the testing, and earlier this week they approved the project's first blasting permit.
Mills is asking the court to prohibit the start of blasting until his petition is reviewed. He also asks that no blasting take place until proper water samples are conducted, or a waiver is granted.
About 40 percent of the 160-acre construction site is within a wetland protection area, according to Mills, who said that the location feeds a reservoir supplying water to 60 percent of Merrimack residents.
"The testing is extremely extensive, and should have been done within a year to the start of construction," Mills said, adding that protocol was not followed and an accurate baseline of the current water supply has not been established. Hollis argued that town officials, along with the Merrimack Village District, are making all attempts to ensure water safety for the entire community.
After the court hearing, Danielle DeVita, vice-president of Development Premium Outlets with Simon Property Group, said she was disappointed with the lawsuit.
"But we are confident that we've done what we need to do," said DeVita.
Colburn did not make an immediate decision on Mills' request to halt blasting operation. Merrimack Premium Outlets is expected to bring more than 100 high-end stores to the area. Land clearing has begun on the property, and three test blasts were recently performed. About 380,000-square-feet of outlet space is approved for development by 2012.
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