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PORTER v. TOWN OF SANDWICH

No. 2005-244.

153 N.H. 175 (2006)

H. BOONE PORTER, III & a. v. TOWN OF SANDWICH

Supreme Court of New Hampshire.

Opinion Issued: January 18, 2006.

Attorney(s) appearing for the Case

Ransmeier & Spellman, P.C., of Concord (Timothy E. Britain and John T. Alexander on the brief, and Mr. Alexander orally), for the plaintiffs.

Mitchell & Bates, P.A., of Laconia (Walter L. Mitchell and Laura A. Spector on the brief, and Ms. Spector orally), for the defendant.

GALWAY, J.

The plaintiffs, H. Boone Porter, III and Margaret C. Porter, appeal an order of the Superior Court (O'Neill, J.) granting the defendant Town of Sandwich's (Town) motion to dismiss. We reverse and remand.

The Porters allege the following. On May 14, 2003, the Porters and the Town entered into an agreement entitled, "Discretionary Preservation Easement Pursuant to RSA Chapter 79-D" (Agreement). RSA chapter 79-D permits towns to enter into agreements...

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