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DALZELL v. HARLOW

No. 86-139.

129 N.H. 43 (1986)

HUGH M. DALZELL & a. v. ROBERT F. HARLOW & a.

Supreme Court of New Hampshire.

December 30, 1986.

Attorney(s) appearing for the Case

Nighswander, Martin & Mitchell P.A., of Laconia (Peter J. Minkow on the brief and orally), for the plaintiffs Hugh M. Dalzell, Howard G. Dalzell, Kathleen F. Dalzell, Edward Funkhouser, and Nancy F. Funkhouser.

Decker, Fitzgerald & Sessler P.A., of Laconia (Paul T. Fitzgerald on the brief), by brief for the plaintiffs Arnold Robbins, Howard A. Layer, and Jane M. Layer.

Carolyn W. Baldwin and Robert K. Mekeel, of Concord (Ms. Baldwin and Mr. Mekeel on the brief, and Mr. Mekeel orally), for the defendants.

MEMORANDUM OPINION

Acting on a petition and a cross-petition for injunctive relief and for declarations construing terms creating easements or other interests, the Superior Court (O'Neil, J.) excluded parol evidence offered by the defendants and entered an order in the plaintiffs' favor. We reverse.

The record provides evidentiary support for the following allegations. A property development known as Tall Pines Harbor, located on Lake Winnipesaukee...

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