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MOLLOY v. EXETER

No. 5430.

107 N.H. 123 (1966)

PAUL E. MOLLOY & a. v. EXETER & a.

Supreme Court of New Hampshire.

Decided March 30, 1966.

Attorney(s) appearing for the Case

Shute & Engel (Mr. David C. Engel orally), for the plaintiffs.

George R. Scammon and Robert G. Whitman (Mr. Whitman orally), for the town of Exeter.

WHEELER, J.

Petition for a temporary injunction seeking to restrain the town of Exeter from condemning certain land owned by the plaintiffs for a municipal sewage or waste treatment plant or works to be located in the town of Exeter; and to restrain the defendant Aceto from entering upon plaintiffs' land. Defendant Aceto was the general contractor engaged in installing the sewer system and waste treatment plant.

RSA 252:5 provides: "TAKING LAND. Whenever it...

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