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TARBELL ADM'R, INC. v. CITY OF CONCORD

No. 2008-025.

956 A.2d 322 (2008)

TARBELL ADMINISTRATOR, INC., Trustee of the Tarbell Family Revocable Trust of 2003 v. CITY OF CONCORD.

Supreme Court of New Hampshire.

Opinion Issued: September 12, 2008.

Attorney(s) appearing for the Case

Tarbell & Brodich Professional Association, of Concord (Friedrich K. Moeckel on the brief and orally), for the plaintiff.

Ransmeier & Spellman Professional Corporation, of Concord (Charles P. Bauer and John T. Alexander on the brief, and Mr. Alexander orally), for the defendant.

DUGGAN, J.

The plaintiff, Tarbell Administrator, Inc., as trustee of the Tarbell Family Revocable Trust (Tarbell), appeals an order of the Trial Court (Conboy, J.) granting summary judgment in favor of the defendant, City of Concord (City). We hold that the doctrine of discretionary function immunity bars Tarbell's negligence claims alleging that the City failed to properly construct a dam and failed to properly control and regulate the water level, but does...

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