PARK v. MANCHESTER

No. 3947.

96 N.H. 331 (1950)

CARL S. PARK & a. v. MANCHESTER.

Supreme Court of New Hampshire

November 8, 1950.


Attorney(s) appearing for the Case

McLane, Davis, Carleton & Graf and Arthur A. Greene, Jr. (Mr. Greene orally), for the plaintiffs.

J. Francis Roche, City Solicitor (by brief and orally), for the defendant.


LAMPRON, J.

The Trial Court properly ruled that the exclusive right granted the plaintiffs by section 3 of this lease was prohibited by the provisions of Laws 1939, c. 224, s. 11, and that this section of the lease could not be performed without violating said statute and was therefore void.

In our opinion, the intent of said statute is to prohibit the granting of any type of exclusive right for the use of any landing area or air navigation facility...

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