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J & N FIELDSTONE SUPPLY v. BHC DEV. CORP.

No. 99-355.

146 N.H. 500 (2001)

J & N FIELDSTONE SUPPLY, INC. v. BHC DEVELOPMENT CORP. BHC DEVELOPMENT CORP. v. TOWN OF PLAISTOW

Supreme Court of New Hampshire.

June 14, 2001.

Attorney(s) appearing for the Case

Cossingham Law Office, P.C., of North Andover, Massachusetts (Kenneth A. Cossingham on the brief and orally), for J & N Fieldstone Supply, Inc.

Phillips, Gerstein, Holber & Channen, of Haverhill, Massachusetts (Stuart M. Holber on the brief and orally), for BHC Development Corp.

Sumner F. Kalman, Attorney at Law, P.C., of Plaistow (Sumner F. Kalman on the brief), for the Town of Plaistow.

H. Bernard Waugh, Jr., of Concord, by brief, for the N.H. Municipal Association, as amicus curiae.

BROCK, C.J.

BHC Development Corp. (BHC), appeals from an order of the Superior Court (McHugh, J.) granting summary judgment to J & N Fieldstone Supply, Inc. (J & N), and denying BHC's cross-motion for summary judgment. We reverse and remand.

This action arises out of a dispute between BHC, J & N and the Town of Plaistow (town) concerning title to 5.5 acres of land in Plaistow. In August 1977, the...

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