GAGNE v. MORTON

No. 4733.

102 N.H. 114 (1959)

FERDINAND J. GAGNE & a. v. JOHN O. MORTON, Commissioner of Public Works and Highways.

Supreme Court of New Hampshire.

Decided June 2, 1959.


Attorney(s) appearing for the Case

Albert Terrien (by brief and orally), for the plaintiffs.

Louis C. Wyman, Attorney General, Jarlath M. Slattery, Assistant Attorney General, and William J. O'Neil (Mr. O'Neil orally), for the defendant.


WHEELER, J.

The plaintiffs allege that the erection of a curbing in front of their property depriving them of access was in violation of RSA 257:8 and was discriminatory and unconstitutional.

RSA ch. 236 authorized the construction of limited access highways designed for through traffic. Section 3 thereof provides, in part, that "No person shall have any right of ingress or egress to, from, or across limited access facilities to or from abutting lands, except...

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