GORDON v. TOWN OF RYE

No. 2009-836.

27 A.3d 644 (2011)

162 N.H. 144

Peter L. GORDON, Trustee of the Peter L. Gordon Revocable Trust of 1999 and another v. TOWN OF RYE.

Supreme Court of New Hampshire.

Opinion Issued: June 15, 2011.


Attorney(s) appearing for the Case

Wadleigh, Starr & Peters, P.L.L.C., of Manchester ( Robert E. Murphy, Jr. on the brief and orally), for the petitioners.

Michael L. Donovan , of Concord, by brief and orally, for the respondent.


HICKS, J.

The petitioners, owners of six properties situated on the Atlantic Ocean lying adjacent to and at the end of Harbor Road in Rye, appeal an order recommended by a Judicial Referee (Hollman, J.) and approved by the Superior Court (Nicolosi, J.) affirming a decision of the Rye Board of Selectmen (board) that a portion of the road had not become public by prescription. We affirm in part, vacate in part and remand.

The following facts are...

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