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APPEAL OF MATTHEWS

No. 91-035.

136 N.H. 221 (1992)

APPEAL OF PHILIP AND SHIRLEY MATTHEWS (New Hampshire Department of Transportation Appeals Board)

Supreme Court of New Hampshire.

October 14, 1992.

Attorney(s) appearing for the Case

Krans and Krans, of Dover (Hamilton R. Krans, Jr. on the brief and orally), for the plaintiffs.

John P. Arnold, attorney general (Karen A. Levchuk, assistant attorney general, on the brief and orally), for the State.

THAYER, J.

The plaintiffs appeal a decision of the department of transportation appeals board affirming a replacement housing compensation award of $35,300 awarded after the State acquired their home by eminent domain. The plaintiffs argue that the appeals board erred in finding that the department of transportation (DOT) was not precluded by federal regulations from changing the "designated replacement dwelling" after issuing a ninety-day eviction notice. Because...

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