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HOLL v. CLAREMONT ASSOCS.

No. 96-706.

143 N.H. 563 (1999)

GERTRUDE HOLL d/b/a B.J. BRICKER'S RESTAURANT v. CLAREMONT ASSOCIATES &a.

Supreme Court of New Hampshire.

May 20, 1999.

Attorney(s) appearing for the Case

Law Offices of Wm Howard Dunn, of Claremont (Carl D. Hanson on the brief and orally), for the plaintiff.

Devine, Millimet & Branch, P.A., of Manchester (Donald A. Burns and Kevin G. Collimore on the brief, and Mr. Burns orally), for the defendants.

McLane, Graf, Raulerson & Middleton, PA., of Manchester (Ralph F. Holmes and William S. Hewitt, Jr. on the brief, and Mr. Holmes orally), for the intervenor, J & B Foods, Inc.

PER CURIAM.

The defendants, Claremont Associates and Rosen Associates Management Corporation, appeal from a Superior Court (Morrill, J.) order enjoining their tenant, J & B Foods, Inc. (J & B), from making sales that the plaintiff, Gertrude Holl d/b/a B.J. Bricker's Restaurant, claims are prohibited by the terms of a cross-easement agreement. We reverse.

The trial court made the following findings. The plaintiff owns and operates B.J. Bricker...

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