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MOTION MOTORS v. BERWICK

No. 2003-008.

150 N.H. 771 (2004)

MOTION MOTORS, INC. v. KENNETH G. BERWICK & a.

Supreme Court of New Hampshire.

Opinion Issued: April 20, 2004.

Attorney(s) appearing for the Case

Lester Wm. Firstenberger, PLLC, of Pittsfield, and Allyn C. Bridge, of Concord (Lester Wm. Firstenberger and Mr. Bridge on the brief, and Mr. Firstenberger orally), for the plaintiff.

Sheehan Phinney Bass + Green, of Manchester (Robert R. Lucic and John-Mark Turner on the brief, and Mr. Lucic orally), for the defendants.

DALIANIS, J.

The defendants, Kenneth G. and Doris D. Berwick, appeal orders of the Superior Court (Fitzgerald, J.) that: (1) the Berwicks could not maintain a claim for enhanced damages under RSA 227-J:8 (2000); (2) the Berwicks' gravel rights did not extend to the entire eastern half of the property owned by the plaintiff, Motion Motors, Inc. (Motion Motors); and (3) the Berwicks must remove the sawmill upon Motion Motors' demand. While the trial court addressed...

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