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TOWN OF WARREN v. SHORTT

No. 93-387.

139 N.H. 240 (1994)

TOWN OF WARREN v. MARJORIE SHORTT

Supreme Court of New Hampshire.

December 27, 1994.

Attorney(s) appearing for the Case

Laurence F. Gardner, of Lebanon, on the brief and orally, for the plaintiff.

Law Office of David H. Bownes, P.C., of Laconia (David H. Bownes and Brian P. McEvoy on the brief, and Mr. Bownes orally), for the defendant.

BROCK, C.J.

The defendant, Marjorie Shortt, appeals the decision of the Superior Court (Smith, J.) that the public has acquired a prescriptive easement over a road crossing the defendant's property located in the Town of Warren (town), and thus the road is a class VI public highway pursuant to RSA 229:1 (1993). We reverse.

Mica Road is a gravel road on the north side of Route 25C in the town. The road can be...

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