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MAHONEY v. TOWN OF CANTERBURY

No. 2002-638.

150 N.H. 148 (2003)

CATHERINE MAHONEY & a. v. TOWN OF CANTERBURY & a.

Supreme Court of New Hampshire.

Opinion Issued: October 14, 2003.

Attorney(s) appearing for the Case

Finis E. Williams, III, of Concord, by brief and orally, for the plaintiffs.

Schuster, Buttrey & Wing, P.A., of Lebanon (Barry C. Schuster on the defendants' joint brief and orally), for defendant Fortin & Redmond Associates.

Upton & Hatfield, LLP, of Concord (Barton L. Mayer on the defendants' joint brief and orally), for defendant Town of Canterbury.

DALIANIS, J.

The plaintiffs, Catherine and Everett S. Mahoney, appeal orders of the Superior Court (Fitzgerald, J.) finding that Old Still Road is a class VI highway established by prescription under RSA 229:1 and awarding damages to defendant, Fortin & Redmond Associates (F & R). F & R cross-appeals the amount of damages awarded. We affirm in part, vacate in part and remand.

The trial court found the following facts. The road in question...

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