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PORTSMOUTH v. 150 GREENLEAF AVENUE TRUST

No. 2018-0649.

235 A.3d 997 (2020)

CITY OF PORTSMOUTH v. 150 GREENLEAF AVENUE REALTY TRUST & a.

Supreme Court of New Hampshire.

Opinion Issued: January 24, 2020.

Attorney(s) appearing for the Case

McLane Middleton, P.A., of Manchester ( Bruce W. Felmly and Benjamin B. Folsom on the brief, and Mr. Felmly orally), and Law Office of Mark P. Hodgdon PLLC, of Concord ( Mark P. Hodgdon on the brief), for the plaintiff.

Law Offices of John Kuzinevich, of Duxbury, Massachusetts ( John Kuzinevich on the brief and orally), and Devine, Millimet & Branch, P.A., of Manchester ( Joshua Wyatt on the brief), for the defendants.

The plaintiff, City of Portsmouth (City), appeals following a bench trial in Superior Court (Delker, J.) in which the trial court ruled that the City's taking by eminent domain of 4.6 acres of land owned by the defendants, 150 Greenleaf Avenue Realty Trust and Minato Auto, LLC, was unlawful. On appeal the City...

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