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STILLWATER CONDO. ASSOC. v. TOWN OF SALEM

No. 94-372.

140 N.H. 505 (1995)

STILLWATER CONDOMINIUM ASSOCIATION & a. v. TOWN OF SALEM

Supreme Court of New Hampshire.

December 6, 1995.

Attorney(s) appearing for the Case

Anne R. Clarke, of Portsmouth, and Wadleigh, Starr, Peters, Dunn & Chiesa, of Manchester (Robert E. Murphy, Jr. & a. on the brief, and Mr. Murphy orally), for the plaintiffs.

Soule, Leslie, Zelin, Sayward & Loughman, of Salem (Barbara F. Loughman and Diane M. Gorrow on the brief, and Ms. Gorrow orally), for the defendant.

BATCHELDER, J.

The plaintiffs, the Stillwater Condominium Association (association) and the individual unit owners, appeal an order of the Superior Court (Coffey, J.) dismissing the plaintiffs' action for damages. The plaintiffs argue that the trial court erred in ruling that the defendant, the Town of Salem (town), did not have a statutory or common law duty to protect the plaintiffs from the cost of installing a municipal water line to their homes. We affirm...

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