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DALTON HYDRO v. TOWN OF DALTON

No. 2005-195.

153 N.H. 75 (2005)

DALTON HYDRO LLC v. TOWN OF DALTON

Supreme Court of New Hampshire.

Opinion Issued: December 29, 2005.

Attorney(s) appearing for the Case

Brown, Olson & Gould, P.C., of Concord (Bryan K. Gould on the brief), and Steven A. Wuthrich, of Montpelier, Idaho, on the brief and orally, for Dalton Hydro LLC.

Mitchell & Bates, P.A., of Laconia (Judith E. Whitelaw on the brief and orally), for the Town of Dalton.

DALIANIS, J.

The appellant, Dalton Hydro LLC (Dalton Hydro), appeals an order of the Superior Court (Vaughan, J.) granting summary judgment to the appellee, Town of Dalton (town). We reverse and remand.

The record supports the following facts. Dalton Hydro owns property on the New Hampshire-Vermont border consisting of a paper mill, a dam across the Connecticut River, and a hydroelectric power plant. A portion of the property is located in Dalton (the...

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