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PENNICHUCK CORP. v. CITY OF NASHUA

No. 2004-717.

152 N.H. 729 (2005)

PENNICHUCK CORPORATION & a. v. CITY OF NASHUA.

Supreme Court of New Hampshire.

Opinion Issued: November 16, 2005.

Attorney(s) appearing for the Case

McLane, Graf, Raulerson & Middleton, P.A., of Manchester (Thomas J. Donovan and Sarah B. Knowlton on the brief, and Mr. Donovan orally), for the plaintiffs.

Office of Corporation Counsel, of Nashua (David R. Connell on the brief and orally), and Upton & Hatfield, LLP, of North Conway (Robert Upton, II on the brief), for the defendant.

Kelly A. Ayotte, attorney general (Edith L. Pacillo, attorney, on the brief), for the State, as amicus curiae.

DUGGAN, J.

The plaintiffs, Pennichuck Corporation, Pennichuck Water Works, Inc., Pennichuck East Utility, Inc. and Pittsfield Aqueduct Company, Inc. (Pennichuck), appeal an order by the Superior Court (Lynn, C.J.) granting summary judgment to the defendant, City of Nashua (City), and ruling that the provisions of RSA chapter 38 (2000 & Supp. 2005) do not constitute a per se inverse condemnation in violation...

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