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DELANEY v. STATE OF N.H.

No. 99-104.

146 N.H. 173 (2001)

FREDERICK AND SHIRLEY DELANEY v. THE STATE OF NEW HAMPSHIRE

Supreme Court of New Hampshire.

March 21, 2001.

Attorney(s) appearing for the Case

Engel & Associates, P.A., of Exeter (James H. Gambrill on the brief, and David C. Engel orally), for the plaintiffs.

Philip T. McLaughlin, attorney general (Nicholas P. Cort, assistant attorney general, on the brief and orally), for the State.

BRODERICK, J.

The plaintiffs, Frederick and Shirley Delaney, appeal from an order of the Superior Court (Abramson, J.) granting a motion to dismiss filed by the defendant, the State of New Hampshire. They argue that the trial court erred in ruling that sovereign immunity for discretionary functions barred their suit against the State. We reverse and remand.

The following facts are undisputed or were found by...

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