FROST v. POLHAMUS

No. 6073.

110 N.H. 491 (1970)

EDGAR L. FROST & a. v. LLOYD V. POLHAMUS & a.

Supreme Court of New Hampshire.

December 30, 1970.


Attorney(s) appearing for the Case

Nighswander, Lord, Martin & KillKelley (Mr. David J. Kill-Kelley orally), for the plaintiffs.

John H. Ramsey and Upton, Sanders & Upton (Mr. Richard F. Upton orally), for the defendants.


GRIMES, J.

The issues in this case are: (1) whether the evidence supports the finding of the Judicial Referee (Blandin, Jr.) that plaintiffs' claim to certain rights in a shorefront lot owned by defendants was not barred by laches, and (2) whether it was error to balance the equities between the parties and not require a building erected in violation of a restriction to be removed. The Trial Court (Keller, J.) entered a decree in accordance with the...

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