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TURCO v. TOWN OF BARNSTEAD

No. 91-127.

136 N.H. 256 (1992)

SALVATORE C. TURCO AND HELEN T. TURCO v. TOWN OF BARNSTEAD

Supreme Court of New Hampshire.

October 30, 1992.

Attorney(s) appearing for the Case

Barto & Puffer, P.A., of Concord (Mark H. Puffer on the brief and orally), for the plaintiffs.

McManus & Stiles, P.A., of Dover (Anthony A. McManus on the brief and orally), for the defendant.

BATCHELDER, J.

The plaintiffs, Salvatore and Helen Turco, appeal from a decision of the Superior Court (Dickson, J.), ruling that the defendant, the Town of Barnstead, was not obligated by the doctrine of municipal estoppel to maintain Garland Road, on which the plaintiffs had built a house. We find that the defendant is estopped from failing to maintain the road, and remand for imposition of an appropriate equitable remedy.

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