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APPEAL OF THE RIBBLESDALE, INC.

No. 85-199.

128 N.H. 370 (1986)

APPEAL OF THE RIBBLESDALE, INC. (New Hampshire Board of Tax and Land Appeals)

Supreme Court of New Hampshire.

July 29, 1986.

Attorney(s) appearing for the Case

Shaines & McEachern Professional Association, of Portsmouth (R. Timothy Phoenix on the brief, and Paul McEachern orally), for The Ribblesdale, Inc.

Stephen E. Merrill, attorney general (Nicholas Cort, attorney, on the brief and orally), for the State.

KING, C.J.

The sole issue presented by this appeal is whether the prevailing party in an eminent domain proceeding may receive reimbursement for an appraisal fee as part of an award of "costs," RSA 498-A:26-a. We hold that the prevailing party is not entitled to recover all appraisal costs and therefore uphold the decision of the New Hampshire Board of Tax and Land Appeals (the board) awarding only the fee charged by the appraiser for travel and appearance at the...

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