STATE v. GARCEAU

No. 7855.

118 N.H. 321 (1978)

THE STATE OF NEW HAMPSHIRE v. GUSTAV GARCEAU ROBERT A. DESMARAIS

Supreme Court of New Hampshire.

May 9, 1978.


Attorney(s) appearing for the Case

David H. Souter, attorney general, James E. Morris, assistant attorney general, and Mark H. Puffer, attorney (Mr. Puffer orally), for the State.

Emile R. Bussiere and Richard J. Walsh, of Manchester (Mr. Walsh orally), for the defendants.

Craig, Wenners, Craig & McDowell, of Manchester (Vincent A. Wenners, Jr. orally), for intervenor Manchester Housing Authority.

Sheehan, Phinney, Bass & Green, of Manchester (Lee W. Mercer orally), for intervenor Hamilton Realty Corporation.


BOIS, J.

This case presents the question whether the condemnor or the landowner is the party entitled to open and close an eminent domain trial held in the superior court to assess damages for a taking of property. RSA 498-A:27 (Supp. 1977). We hold that although the condemnor has the burden of proof and as a matter of course should be accorded the privilege to open and close, the assignment of this privilege is within the court's sound discretion.

The defendants...

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