Rugg family, Exeter settle land dispute

The Rugg family and the Town of Exeter have settled their long running land dispute, clearing the way for a developer to proceed with a housing development to be built on the Exeter-Newfields town line.

The lawsuit, filed by Derek Rugg in October 2024, alleged the town had taken a portion of the family’s property in what he called a “land heist.” Exeter countersued, saying the town in fact owned the land through various tax and warranty deeds.

The parcel, which spans both Exeter and Newfields, was slated to be sold to the two towns and placed into conservation, blocking development on land that includes 12 miles of the Fort Rock Trail system.

But a disagreement over who owned 37 of the 47 acres in Exeter derailed the deal. The Ruggs then approached Copley Properties of Stratham, seeking to sell the entire roughly 168 acre property.

Now, about a year and a half later, an agreement filed March 16 in Rockingham Superior Court has resolved the ownership dispute, clearing the way for the Ruggs to sell the property to Copley Properties of Stratham. The developer has presented preliminary plans to build 77 single family homes while preserving significant acreage as public open space connected to the trail network.

Judge Rudolph W. Ogden III approved the settlement, which gives the Rugg family a large portion of the disputed land, on March 17. Drew Goddard, the developer who is overseeing the proposed housing project, said he “felt bad for the Ruggs,” referring to the drawn-out court battle.

“There’s been a lot of negative discussion and maybe some articles that put them maybe not in the best of light with ‘selling out’ to a developer,” he said. “But ultimately, the way I see it is that they tried, and unfortunately, you can only try for so long where enough’s enough.”

Deed records are ‘cloudy’

The town, according to the settlement, said its titles, or legal documents that prove land ownership to five parcels totaling around 18.3 acres according to its tax map, were “cloudy” as a result of inadequate documentation.

As such, it agreed to release its claims on any disputed land boundaries on those five lots. For two others — a 6.8-acre and 15-acre lot — Exeter relinquished its ownership of the portions of disputed land “to effectuate settlement.”

In exchange, the Ruggs agreed to place several parcels of their land in Exeter into conservation, protecting it from further development forever.

As a condition of the settlement, the Ruggs must secure approval from Newfields to adjust certain land boundaries by Jan. 1, 2028, or risk forfeiting their claims to 6.8 acres.

According to a motion filed with the court, Exeter’s Select Board signed off on the settlement at a meeting on Feb. 17. Niko Papakonstantis, its chair, declined to comment on the agreement.

A ‘respectful’ project

When the initial plan to conserve the bulk of their property fell through, Rugg said Exeter had “sabotaged” the deal. After, Goddard said, the family approached him.

“I could see they were sincere with their intent to put it into conservation,” he said. “But I could also see the sincerity of their frustration over the years and challenges that they faced.”

Though Goddard has entered into a purchase-and-sale agreement, he said the transaction will close only after he secures approvals from land-use boards in Exeter and Newfields to proceed with his project. He declined to share the purchase price.

And with the litigation resolved, his path forward has emerged.

The plan, he said, is around 77 single-family homes to be built in Newfields, which could change pending further due diligence.

“I look forward to that opportunity to take the torch and be the developer that’s going to be able to hopefully respectfully develop that parcel,” Goddard said.

But the backlash to the project could be fierce, as many have spoken out in the past against developing the land.

“With development comes change,” Goddard said, “but I hope I can do a good job with implementing a plan where it can get developed and the trail network and connectivity will remain.”

Some trails will be lost, he added, but conserving “a lot of the land” and protecting the area’s wildlife and natural resources will be a priority. Early ideas include partnering with local mountain bikers and creating new trails with their feedback, as well as a trailhead with parking.

“If it wasn’t us, it would be somebody else,” he added. “But I hope that what we develop can be right for the town, right for the community.”

Goddard said he plans to appear before the Newfields Planning Board “sometime this spring.” And though he said it is too early in the process to plan housing types and sizes, he feels strongly in a “multigenerational” neighborhood concept similar to a project he is overseeing in Stratham.

“And even if it’s not multigenerational, at least trying to hit multiple price points, different sizes,” he said.

This article is being shared by partners in the Granite State News Collaborative. For more information, visit collaborativenh.org.