SOUCY v. STATE

No. 84-446.

127 N.H. 451 (1985)

ROLAND M. SOUCY & a. v. THE STATE OF NEW HAMPSHIRE

Supreme Court of New Hampshire.

December 5, 1985.


Attorney(s) appearing for the Case

Cullity & Kelley, of Manchester (John C. Boeckeler on the brief and orally), for the plaintiffs.

Stephen E. Merrill, attorney general (Peter C. Scott, assistant attorney general, on the brief and orally), for the State.


SOUTER, J.

This is an action for compensation for what the plaintiffs claim was a taking of their property by the State. They argue that the superior court effected the taking at the behest of the defendant in an arson case, by an order preventing the repair of the plaintiffs' partially destroyed building, so that its damaged condition could be considered as evidence. The superior court granted the State's motion to dismiss for failure to state a claim on which relief...

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