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N.H. DEP'T OF RESOURCES AND ECONOMIC DEV. v. DOW

No. 2000-329.

148 N.H. 60 (2002)

NEW HAMPSHIRE DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT v. E. MILTON DOW AND E. MILTON DOW D/B/A DOW SAND AND GRAVEL

Supreme Court of New Hampshire.

Opinion Issued: July 17, 2002.

Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (Mary E. Schwarzer, assistant attorney general, on the brief and orally), for the petitioner.

Cooper, Deans & Cargill, P.A., of North Conway (Randall F. Cooper on the brief and orally), for the respondent.

DALIANIS, J.

This case involves the location of a common boundary line between two parcels of real property located in Ossipee. The Superior Court (T. Nadeau, J.), relying upon a boundary line agreement entered into by the parties' predecessors in interest, quieted title in the State. We reverse and remand.

The record supports the following facts. The respondent, E. Milton Dow, and the State own adjacent parcels of real property in Ossipee. These parcels...

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