GAROFOLI v. TOWN OF HENNIKER

No. 80-078.

121 N.H. 153 (1981)

JOSEPH GAROFOLI v. TOWN OF HENNIKER.

Supreme Court of New Hampshire.

March 11, 1981.


Attorney(s) appearing for the Case

Hatfield & Henderson, of Hillsborough (Douglas S. Hatfield, Jr., on the brief and orally), for the plaintiff.

Hall, Morse, Gallagher & Anderson, of Concord (Charles T. Gallagher on the brief and orally), for the defendant.


KING, J.

The plaintiff petitioned the superior court for abatement of sewer rents assessed by the defendant for the years 1977, 1978, and 1979. The court enjoined the defendant from collecting the rents in issue. We reverse the court's decision.

In October 1976, the defendant began operating its new sewer system. This system is a modern one and includes new pipes, mains, interceptors, and a sewage treatment facility. Prior to October 1976, the defendant's...

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