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BEDARD v. TOWN OF ALEXANDRIA

No. 2009-098.

992 A.2d 607 (2010)

Roger BEDARD and another v. TOWN OF ALEXANDRIA.

Supreme Court of New Hampshire.

Opinion Issued: February 11, 2010.

Attorney(s) appearing for the Case

Colin W. Robinson, of Lyme, on the brief and orally, for the plaintiffs.

Donahue, Tucker & Ciandella, PLLC, of Portsmouth (Christopher L. Boldt and John L. McGowan on the brief, and Mr. Boldt orally), for the defendant.

CONBOY, J.

The defendant, the Town of Alexandria (Town), appeals an order of the Superior Court (Vaughan, J.) denying its motion for attorney's fees. The plaintiffs, Roger and Judith Bedard, cross-appeal the court's denial of their motion for summary judgment. We affirm.

The parties stipulated to the following facts. The plaintiffs own and operate a sandpit covering approximately 7.9 acres in Alexandria. Wesley Platts, an owner of land abutting the...

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