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MERRILL v. CITY OF MANCHESTER

No. 82-559. No. 82-560.

124 N.H. 8 (1983)

CLINTON MERRILL & a. v. CITY OF MANCHESTER & a. JOHN H. GADD & a. v. CITY OF MANCHESTER & a.

Supreme Court of New Hampshire.

October 3, 1983.

Attorney(s) appearing for the Case

Eaton, Solms, Mills & McIninch, of Manchester (Richard E. Mills on the brief and orally), for the plaintiffs in No. 82-559.

John H. Gadd, of Manchester, by brief and orally, for the plaintiffs in No. 82-560, pro se.

Thomas R. Clark, assistant city solicitor, by brief and orally, for the defendant City of Manchester.

Craig, Wenners & McDowell, of Manchester (William H. Craig and Vincent A. Wenners, Jr., on the brief, and Mr. Craig orally), for the defendant Manchester Housing Authority.

DOUGLAS, J.

The plaintiffs in these two consolidated cases appeal from an order of the Superior Court (Goode, J.) approving the recommendations of a Master (Mayland H. Morse, Jr., Esq.) to dismiss their petitions to enjoin the taking of their land for the development of an industrial park in Manchester. For the reasons which follow, we vacate the superior court's decree dismissing the plaintiffs' petitions and remand the cases for findings and rulings...

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