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MALNATI v. STATE

No. 2001-082.

148 N.H. 94 (2002)

VINCENT AND CAROL MALNATI v. THE STATE OF NEW HAMPSHIRE & a.

Supreme Court of New Hampshire.

Opinion Issued: July 23, 2002.

Attorney(s) appearing for the Case

Faulkner, Plaut, Hanna, Freund & Worthen, P.C., of Keene (George R. Hanna and Mary Louise Caffrey on the brief, and Ms. Caffrey orally), for the plaintiffs.

Philip T. McLaughlin, attorney general (Craig S. Donais, assistant attorney general, on the brief and orally), for the defendants.

Baldwin, Callen, Hogan & Kidd, P.L.L.C., of Concord (Jed Callen on the brief) for Rails-to-Trails Conservancy, as amicus curiae.

NADEAU, J.

The State appeals decisions of the Superior Court (Brennan, J.) holding that RSA 228:60-a, V (1993) violates the rights of the plaintiffs, Vincent and Carol Malnati, to due process and equal protection under the New Hampshire Constitution. See N.H. CONST. pt. I, arts. 12, 15. The State also challenges both the trial court's failure to clarify its ruling that the easement acquired by the State over the plaintiffs' property was for railroad...

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