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ARCIDI v. TOWN OF RYE

No. 2003-238.

150 N.H. 694 (2004)

ALFRED L. ARCIDI, JR. v. TOWN OF RYE

Supreme Court of New Hampshire.

Opinion Issued: April 5, 2004.

Attorney(s) appearing for the Case

Nelson, Kinder, Mosseau & Saturley, P.C., of Manchester (E. Tupper Kinder on the brief and orally), for the plaintiff.

Michael L. Donovan, of Concord, by brief and orally, for the defendant.

DUGGAN, J.

This case involves a dispute over the defendant Town of Rye's (town) use of an easement over land owned by the plaintiff, Alfred L. Arcidi, Jr. The plaintiff appeals a decision of the Superior Court (Lewis, J.) that the town had the right to use the easement and that the construction and use of a gravel road was within the scope of the easement. The town cross-appeals the court's ruling that the installation and use of a subsurface water line was...

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