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QUALITY DISCOUNT MARKET CORP. v. LACONIA PLANNING BD.

No. 88-301

132 N.H. 734 (1990)

QUALITY DISCOUNT MARKET CORP. v. LACONIA PLANNING BOARD, CITY OF LACONIA, HARRIS WAYSIDE FURNITURE CO., INC. & H. RUSSELL HARRIS

Supreme Court of New Hampshire.

March 9, 1990

Attorney(s) appearing for the Case

Law Offices of David J. KillKelley P.C., of Laconia (David J. KillKelley on the brief and orally), for the plaintiff.

Law Offices of Decker, Fitzgerald & Sessler, of Laconia (James N. Sessler on the brief), by brief for the City of Laconia.

James L. Burke, of Gilford, by brief and orally, for Harris Wayside Furniture Co., Inc. and H. Russell Harris.

THAYER, J.

Quality Discount Market Corp. (Quality Discount or the plaintiff) and Harris Wayside Furniture Company, Inc. (Harris Furniture or the defendant) both appeal a decree of the Superior Court (Dunn, J.) ruling that a 1958 "indenture" between the parties' predecessors-in-title created an appurtenant easement, giving Harris Furniture the right to use four parking spaces, upon the plaintiff's land. Quality Discount argues that Harris Furniture has no property...

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