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WOLF INVESTMENTS, INC. v. TOWN OF BROOKFIELD

No. 86-337

129 N.H. 303 (1987)

WOLF INVESTMENTS, INC. & a. v. TOWN OF BROOKFIELD

Supreme Court of New Hampshire.

May 11, 1987

Attorney(s) appearing for the Case

Cooper, Fauver & Deans P.A., of North Conway (Randall F. Cooper and Linda A. Jenkins on the brief, and Mr. Cooper orally), for the plaintiff.

Walker and Varney, of Wolfeboro (George W. Walker on the brief and orally), for the defendant.

H. Bernard Waugh, Jr., of Concord, by brief and orally, for New Hampshire Municipal Association, as amicus curiae.

MEMORANDUM OPINION

About nineteen months after the plaintiffs learned that the defendant town had voted at the 1983 annual town meeting to classify the road upon which their property abutted as a Class VI road subject to gates and bars, they filed suit for damages caused by the loss of town-maintained access to their property and, alternatively, for an order that the town maintain the road. The Superior Court (Wyman, J.) granted summary judgment for the defendant...

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