APPEAL OF CONNOLLY

No. 81-312.

122 N.H. 678 (1982)

APPEAL OF JAMES E. CONNOLLY, JR. (New Hampshire Department of Public Works and Highways)

Supreme Court of New Hampshire.

July 14, 1982.


Attorney(s) appearing for the Case

Cullity & Kelley, of Manchester (John C. Boeckeler on the brief and orally), for the plaintiff.

Gregory H. Smith, attorney general (Mark H. Puffer, assistant attorney general, on the brief and orally), for the State.


BATCHELDER, J.

This action challenges the decision of the commissioner of the department of public works and highways (commissioner) that the plaintiff was not entitled to certain "in-lieu-of" relocation payments. See RSA 233-A:3 III (now codified at RSA 230:36 III); see also 42 U.S.C. § 4622(c) (1976). We uphold the decision of the commissioner.

Prior to August 15, 1980, the plaintiff operated two gasoline service stations in Manchester...

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