KING v. TOWN OF LYME

No. 84-118

126 N.H. 279 (1985)

FREDERICK W. KING AND CATHERINE D. KING v. TOWN OF LYME AND JAMES B. ARGENTATI

Supreme Court of New Hampshire

March 20, 1985


Attorney(s) appearing for the Case

Decato & Cirone P.A., of Lebanon (R. Peter Decato on the brief and orally), for the plaintiffs.

Daschbach & Kelly P.A., of Lebanon (Joseph F. Daschbach and Deborah J. Cooper on the brief, and Mr. Daschbach orally), for the Town of Lyme.

McNamara, Larsen & Schuster P.A., of Lebanon (Mark A. Larsen on the brief and orally), for James B. Argentati.


PER CURIAM.

The central issue in this declaratory judgment action is whether the master erred in ruling that utilities of all kinds and descriptions could be installed for the benefit of the defendant James B. Argentati on his right of way over the plaintiffs' property, without a payment of damages to the plaintiffs. We affirm the master's ruling.

The following facts are established in the record. In 1977, a dispute arose between Mr. Argentati and the plaintiffs...

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