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CITY OF CONCORD v. 5,700 SQUARE FEET OF LAND

No. 80-147.

121 N.H. 170 (1981)

CITY OF CONCORD v. 5,700 SQUARE FEET OF LAND AND DONALD L. JONES.

Supreme Court of New Hampshire.

March 11, 1981.

Attorney(s) appearing for the Case

Paul F. Cavanaugh, city solicitor, by brief and orally, for the plaintiff.

Upton, Sanders & Smith, of Concord (Russell F. Hilliard on the brief and orally), for the defendant.

KING, J.

The plaintiff instituted a condemnation action in the superior court by filing a declaration of taking pursuant to RSA ch. 498-A (Supp. 1979) of 5,700 square feet of land, more or less, in Concord owned by the defendant Jones. The defendant's answer to the petition included a counterclaim. In addition, the defendant filed a motion for summary judgment on the counterclaim, which the Trial Court (Souter, J.) granted due to the plaintiff's failure to...

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