City of Manchester v. Lawton

Supreme Court of New Hampshire

City of Manchester v. Lawton

382 A.2d 1107, 118 N.H. 89, 1978 N.H. LEXIS 349

CourtSupreme Court of New Hampshire

DecidedFebruary 6, 1978

DocketNo. 78-030

StatusPublished

This text of 382 A.2d 1107 (City of Manchester v. Lawton) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Manchester v. Lawton, 382 A.2d 1107, 118 N.H. 89, 1978 N.H. LEXIS 349 (N.H. 1978).

Pincite

Opinion

[90]*90The city’s petition to abate a nuisance, RSA 47:17 XIY, alleged to have been created by a fire-damaged building was dismissed by the Superior Court (DiClerico, J.) this date on motion on the ground that RSA 155-B.-2 (Supp. 1975) deprived the superior court of its equity jurisdiction over the subject matter-. RSA 498:1. Because of the urgency of the matter, we expedited oral argument and rule that the remedy provided by RSA 155-B:2 (Supp. 1975) provides a supplemental remedy and does not deprive the superior court of its general equity powers. RSA 155-B:14 (Supp. 1975).

The motion to dismiss should not therefore have been granted.

Exceptions sustained; remanded.

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[90]*90The city’s petition to abate a nuisance, RSA 47:17 XIY, alleged to have been created by a fire-damaged building was dismissed by the Superior Court (DiClerico, J.) this date on motion on the ground that RSA 155-B.-2 (Supp. 1975) deprived the superior court of its equity jurisdiction over the subject matter-. RSA 498:1. Because of the urgency of the matter, we expedited oral argument and rule that the remedy provided by RSA 155-B:2 (Supp. 1975) provides a supplemental remedy and does not deprive the superior court of its general equity powers. RSA 155-B:14 (Supp. 1975).

The motion to dismiss should not therefore have been granted.

Exceptions sustained; remanded.

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Bluebook (online)

382 A.2d 1107, 118 N.H. 89, 1978 N.H. LEXIS 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-manchester-v-lawton-nh-1978.