GILL v. GERRATO

No. 2005-003.

904 A.2d 576 (2006)

Michael E. GILL and another v. Stephen G. GERRATO and another.

Supreme Court of New Hampshire.

Opinion Issued: August 3, 2006.


Attorney(s) appearing for the Case

Backus, Meyer, Solomon & Branch, L.L.P., of Manchester (Steven Solomon, on the brief and orally), for the plaintiffs.

Anthony S. Hartnett, of Dover, by brief and orally, for defendants Stephen G. Gerrato, Phyllis G. Gerrato, Andre M. Birse, Cynthia L. Birse, and John M. Cots.


GALWAY, J.

Defendants Stephen G. and Phyllis G. Gerrato, Andrew M. and Cynthia L. Birse, and John M. Cots appeal a decision of the Superior Court (Morrill, J.) ruling that the plaintiffs, Michael E. and David Gill, have an easement to use a lane that runs through the defendants' properties to the Gills' property. The Gills cross-appeal the superior court's ruling that no public way existed over the lane. We reverse in part and remand.

The record supports...

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