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700 LAKE AVENUE REALTY CO. v. DOLLEMAN

No. 79-387.

121 N.H. 619 (1981)

700 LAKE AVENUE REALTY CO. v. GERHARDUS J. DOLLEMAN & a.

Supreme Court of New Hampshire.

August 5, 1981.

Attorney(s) appearing for the Case

Sheehan, Phinney, Bass & Green P.A., of Manchester (Daniel W. Sklar on the brief and orally), for the plaintiff.

Christy & Tessier and William E. Brennan, of Manchester (Thomas Tessier and Mr. Brennan on the brief, and Mr. Brennan orally), for the defendants.

BROCK, J.

This case involves a dispute between the abutters to a thirty-foot-wide passageway running east and west between Mammoth Road and Tarrytown Road in Manchester. The plaintiff sought a right of equal access to use the passageway, whereas the defendants and cross-petitioners moved for a declaration of title in fee simple by adverse possession. The Master (Peter J. Bourque, Esq.) recommended, and the Superior Court (Contas, J.) ordered,

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