TREISMAN v. TOWN OF BEDFORD

No. 90-343.

135 N.H. 573 (1992)

ROBERT S. TREISMAN v. TOWN OF BEDFORD.

Supreme Court of New Hampshire.

May 22, 1992.


Attorney(s) appearing for the Case

Shaheen, Cappiello, Stein & Gordon, P.A., of Concord (Steven M. Gordon and Michael J. Sheehan on the brief, and Mr. Gordon orally), for the plaintiff.

Upton, Sanders & Smith, of Concord (Barton L. Mayer and Gilbert Upton on the brief, and Mr. Mayer orally), for the defendant.


JOHNSON, J.

This is an appeal from the Trial Court's (Dalianis, J.) award of attorney's fees to the plaintiff, Robert S. Treisman, based on the alleged bad faith of the defendant, Town of Bedford (town). Because we conclude that the evidence fails to establish bad faith, we reverse.

This claim arises out of a 1982 decision by the Bedford Board of Selectmen (board) to allow Dean Kamen, a neighbor of Treisman, to locate a heliport on his property. In...

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