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CITY OF KEENE v. ARMENTO

No. 93-717.

139 N.H. 228 (1994)

CITY OF KEENE v. EUGENE ARMENTO & a.

Supreme Court of New Hampshire.

December 19, 1994.

Attorney(s) appearing for the Case

Gerald J. Carney, city attorney, by brief and orally, for the plaintiff.

Charles H. Morang, of Concord, by brief and orally, for the defendants.

HORTON, J.

The defendants appeal from a decree of the Superior Court (Brennan, J.) holding that RSA chapter 498-A, rather than RSA chapter 423, should be followed by the City of Keene for eminent domain proceedings involving an extraterritorial airport taking. We affirm in part and reverse in part.

The City of Keene (city) owns and operates the Dillant-Hopkins Airport, which lies almost entirely within the boundaries of the Town of Swanzey (town). Both...

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