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DALY v. STATE

No. 2002-667.

150 N.H. 277 (2003)

CLARE T. DALY v. THE STATE OF NEW HAMPSHIRE. CLARE T. DALY, TRUSTEE, THE PINES LODGE REALTY TRUST v. THE STATE OF NEW HAMPSHIRE. CARROLL COUNTY LEASING CO. & a. v. THE STATE OF NEW HAMPSHIRE.

Supreme Court of New Hampshire.

Opinion Issued: November 24, 2003.

Attorney(s) appearing for the Case

Cooper, Deans & Cargill, P.A., of North Conway (Randall F. Cooper on the plaintiffs' joint brief and orally), for plaintiffs Clare T. Daly and Clare T. Daly, Trustee, The Pines Lodge Realty Trust.

Dewhurst & Greene, P.L.L.C., of Bedford (Arthur G. Greene and Glenn A. Perlow on the plaintiffs' joint brief, and Mr. Greene orally), for plaintiffs Carroll County Leasing Co. and Chick Lumber, Inc.

Peter W. Heed, attorney general (Mark P. Hodgdon, senior assistant attorney general, on the brief and orally), for the State.

NADEAU, J.

The plaintiffs, Clare T. Daly (Daly); Clare T. Daly, Trustee, The Pines Lodge Realty Trust (Pines Lodge); Carroll County Leasing Co. and Chick Lumber, Inc. (collectively Chick Lumber), appeal an order of the Superior Court (O'Neill, J.) denying their motion to introduce evidence and ruling that, in determining just compensation for takings by the State, the plaintiffs' property must be valued without considering changes made by the Town of Conway...

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