GAZZOLA v. CLEMENTS

No. 79-115

120 N.H. 25 (1980)

DAVID AND PETRA GAZZOLA v. JOHN A. CLEMENTS, COMMISSIONER, DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS

Supreme Court of New Hampshire

January 29, 1980


Attorney(s) appearing for the Case

Stephen R. Fine, of Manchester, by brief and orally, for the plaintiffs.

Thomas D. Rath, attorney general (Martin R. Jenkins, attorney, by brief and orally), for the defendant.


DOUGLAS, J.

The United States District Court for the District of New Hampshire (Devine, C.J.) has certified six questions under our rule 34. The questions focus generally on a condemnee's right to a hearing if his land is being taken to make way for a State park.

In 1962 the Governor and Council authorized the appraisal and purchase of land required for the Pawtuckaway State Park project. One of the parcels involved was land belonging to Mr. Krickor...

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