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STATE v. LAKE WINNIPESAUKEE RESORT, LLC

No. 2008-724.

977 A.2d 472 (2009)

The STATE of New Hampshire v. LAKE WINNIPESAUKEE RESORT, LLC and another.

Supreme Court of New Hampshire.

Opinion Issued: June 17, 2009.

Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Daniel J. Licata, attorney, on the brief and orally), for the State.

Hinckley, Allen & Snyder LLP, of Concord (Christopher H.M. Carter & a. on the brief, and Mr. Carter orally), for Lake Winnipesaukee Resort, LLC.

Hall, Morse, Anderson, Miller & Spinella, P.C., of Concord (Frank P. Spinella, Jr. on the brief and orally), for Peerless Golf, Inc.

HICKS, J.

The legal issue in this interlocutory appeal is whether this action is timely in light of the common law doctrine nullum tempus occurrit regi, or "time does not run against the king," and the general three-year statute of limitations, RSA 508:4 (1997). We affirm the denial of the respondents' motion to dismiss and remand.

The relevant facts appear within the interlocutory appeal statement. Respondent Lake Winnipesaukee Resort, LLC (LWR) sought...

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