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RYAN JAMES REALTY v. VILLAGES AT CHESTER CONDO. ASSOC.

No. 2004-689

153 N.H. 194 (2006)

RYAN JAMES REALTY, LLC v. VILLAGES AT CHESTER CONDOMINIUM ASSOCIATION & a.

Supreme Court of New Hampshire.

Opinion Issued: January 27, 2006.

Attorney(s) appearing for the Case

Cronin & Bisson, P.C., of Manchester (John G. Cronin and John F. Bisson on the brief, and Mr. Cronin orally), for the plaintiff.

Mark E. Connelly, of Concord, by brief and orally, for defendant Villages at Chester Condominium Association

Wadleigh, Starr & Peters, P.L.L.C., of Manchester (Dean B. Eggert on the memorandum of law), for defendant Town of Chester.

GALWAY, J.

The plaintiff, Ryan James Realty, LLC (Ryan), appeals the order of the Superior Court (Morrill, J.) granting summary judgment to the defendants, Villages of Chester Condominium Association (Association) and the Town of Chester (Town). The court ruled that the unit owners of the Villages of Chester Condominium own the disputed land. We reverse and remand.

The record supports the following facts. On March 11, 1987, the Villages of Chester,...

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