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TOWN OF ATKINSON v. MALBORN REALTY TRUST

No. 2011-085.

53 A.3d 561 (2012)

TOWN OF ATKINSON v. MALBORN REALTY TRUST and another.

Supreme Court of New Hampshire.

Opinion Issued: August 17, 2012.

Attorney(s) appearing for the Case

Sumner F. Kalman , Attorney at Law, P.C., of Plaistow ( Thea S. Valvanis and Sumner F. Kalman on the brief, and Mr. Kalman orally), for the petitioner.

McGrath Law Firm, P.A., of Concord ( Peter McGrath and Jason Beecher on the brief, and Mr. McGrath orally), for the respondents.

CONBOY, J.

The respondents, Malborn Realty Trust and its trustee, Daniel Osborn, appeal an order of the Superior Court (McHugh, J.) that enjoined Osborn from occupying property in Atkinson because he lacks an occupancy permit and that imposed a civil penalty for this violation. See RSA 676:15 (2008), :17 (Supp.2011). The petitioner, Town of Atkinson (Town), cross-appeals the trial court's failure to award it attorney's fees. See RSA 676:17, II...

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