GREEN MOUNTAIN REALTY v. FIFTH ESTATE TOWER

No. 2008-723.

13 A.3d 123 (2010)

GREEN MOUNTAIN REALTY CORPORATION, v. The FIFTH ESTATE TOWER, LLC and another.

Supreme Court of New Hampshire.

Opinion Issued: November 10, 2010.


Attorney(s) appearing for the Case

Donahue Tucker & Ciandella PLLC, of Exeter ( Robert M. Derosier and Keriann Roman on the brief, and Robert D. Ciandella orally), for the plaintiff.

D'Amante Couser Steiner Pellerin, P.A., of Concord ( Roy S. McCandless on the brief), Orr & Reno, P.A., of Concord ( William L. Chapman on the brief and orally), Haughey, Philpot & Laurent, P.A., of Laconia ( William Philpot, Jr. on the brief), and McCormick, Fitzpatrick, Kasper & Burchard, P.C., of Burlington, Vermont ( Thomas P. Simon on the brief), for the defendants.

Stephen M. Hoersting , of Alexandria, Virginia, on the brief, and Wadleigh, Starr & Peters, PLLC, of Manchester ( Dean B. Eggert and Michael J. Tierney on the brief), for Center for Competitive Politics, as amicus curiae.

Devine, Millimet & Branch, P.A., of Manchester ( Matthew R. Johnson and Joshua M. Wyatt on the brief), for The New Hampshire Association of Realtors, as amicus curiae.

Barbara Keshen , of Concord, by brief, for New Hampshire Civil Liberties Union, as amicus curiae.

Ben Robbins and Martin J. Newhouse , of Boston, Massachusetts, on the brief, and Devine, Millimet & Branch, P.A., of Manchester ( Matthew R. Johnson on the brief), for New England Legal Foundation, as amicus curiae.

St. Hilaire & St. Hilaire, PLLC, of Concord ( Daniel St. Hilaire on the brief), and Robert M. O'Neil and another, of Charlottesville, Virginia, on the brief, for The Thomas Jefferson Center for the Protection of Free Expression, as amicus curiae.


DALIANIS, J.

The defendants, The Fifth Estate Tower, LLC and Jay Williams, individually and in his official capacity as manager of The Fifth Estate Tower, LLC (collectively, Fifth Estate), appeal a $6.7 million jury verdict in favor of the plaintiff, Green Mountain Realty Corporation (Green Mountain), on its claim that Fifth Estate violated the New Hampshire Consumer Protection Act (CPA), see RSA ch. 358-A (2009). Fifth...

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