RODGERS DEV. CO. v. TOWN OF TILTON

No. 99-662.

147 N.H. 57 (2001)

RODGERS DEVELOPMENT COMPANY & a. v. TOWN OF TILTON & a.

Supreme Court of New Hampshire.

October 3, 2001.


Attorney(s) appearing for the Case

Vittek Law Office, of Franklin (Paul C. Bordeau on the brief, and Joseph F. Vittek, Jr. orally), for plaintiff Rodgers Development Company.

Daniel D. Crean, of Concord, by brief and orally, for defendant Town of Tilton.

Mitchell & Bates, P.A., of Laconia (Walter L. Mitchell on the brief and orally), for intervenor Infinity Sherwood Properties, L.P.

Donahue, Tucker & Ciandella, of Exeter (Robert D. Ciandella and Robert M. Derosier on the brief, and Mr. Ciandella orally), for intervenor Market Basket, Inc.

Cleveland, Waters and Bass, P.A., of Concord (David W. Rayment and William B. Pribis on the brief), for Wal-Mart Stores, Inc., as amicus curiae.


DUGGAN, J.

The plaintiff, Rodgers Development Company (Rodgers), and intervenor Infinity Sherwood Properties, L.P. (Infinity) appeal the order of the Superior Court (McHugh, J.) affirming the decision of the Tilton Board of Selectmen conditionally laying out two roads across their property. See RSA 231:34 (1993). We affirm.

The following facts were found by the trial court or appear in the record before us. Rodgers, Infinity and intervenor Market...

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