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MARRONE v. TOWN OF HAMPTON

No. 82-331.

123 N.H. 729 (1983)

MICHAEL MARRONE & a. v. THE TOWN OF HAMPTON & a.

Supreme Court of New Hampshire.

August 31, 1983.

Attorney(s) appearing for the Case

Tetler & Holmes, of Hampton (Wynn E. Arnold on the brief and orally), for the plaintiffs.

Shaines, Madrigan & McEachern, of Portsmouth (John H. McEachern and Charles W. Cross on the brief, and Mr. Cross orally), for the defendants.

BATCHELDER, J.

This case involves the private use by an abutter of a forty-foot-wide unpaved extension of a public street leading to Hampton Beach. The plaintiff property owners contend that they made "improvements" to the extension of James Street pursuant to an agreement with the town selectmen. The selectmen later ordered the plaintiffs to abate these "improvements." The plaintiffs, in turn, sought a permanent injunction...

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