CANNATA v. TOWN OF DEERFIELD

No. 88-061.

132 N.H. 235 (1989)

MICHAEL D. CANNATA, SR., & a. v. TOWN OF DEERFIELD & a.

Supreme Court of New Hampshire.

October 6, 1989.


Attorney(s) appearing for the Case

Daniel D. Crean, of Concord, and J. P. Nadeau, of Portsmouth (Mr. Crean and Mr. Nadeau on the brief, and Mr. Nadeau orally), for the plaintiffs, Michael D. Cannata, Sr., Michael D. Cannata, Jr., and Linda J. Cannata.

Upton, Sanders & Smith, of Concord (Russell F. Hilliard on the brief and orally), for the defendants.


BATCHELDER, J.

This case involves disputes between owners of real estate and local government, including its officials in the town of Deerfield where the land is located. The legal residuum of the dispute is a question as to whether the town and/or its officials are immunized, either by statute or common law, from a damage claim occasioned by a culvert positioned in a public way in such a manner as to cause an accumulation of water on the plaintiffs' land. This is...

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