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SANDFORD v. TOWN OF WOLFEBORO

No. 96-588.

143 N.H. 481 (1999)

JOSEPH W. SANDFORD, JR. v. TOWN OF WOLFEBORO &a.

Supreme Court of New Hampshire.

April 13, 1999.

Attorney(s) appearing for the Case

Douglas, Robinson, Leonard & Garvey, P.C., of Concord (Charles G. Douglas, III and C. Kevin Leonard on the brief, and Mr. Douglas orally), for the plaintiff.

Barto and Puffer, P.A., of Concord (Mark H. Puffer on the brief and orally), for defendant Town of Wolfeboro.

Carolyn W. Baldwin, of Concord, for defendant Lake Wentworth Association, filed no brief.

BRODERICK, J.

The plaintiff, Joseph W. Sandford, Jr., appeals the Superior Court's (Abramson, J.) ruling that defendant Town of Wolfeboro (town) had acquired a prescriptive easement to flow Sandford's lakeside property above 528 feet mean sea level (M.S.L.). We affirm in part, reverse in part, and remand.

I

Because this case was decided by summary judgment, we recite the undisputed facts supported...

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