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MARSHALL v. BURKE

No. 2010-812.

34 A.3d 705 (2011)

162 N.H. 560

Alfred R. MARSHALL, Jr. and another v. James J. BURKE, Jr. and another.

Supreme Court of New Hampshire.

Opinion Issued: October 12, 2011.

Attorney(s) appearing for the Case

Cooper, Cargill & Chant, P.A. of North Conway (Randall F. Cooper on the brief and orally) for the plaintiffs.

Orr & Reno, P.A. of Concord (Jeremy D. Eggleton on the brief and orally) for the defendants.

LYNN, J.

The plaintiffs, Alfred and Susan Marshall, appeal an order of the Superior Court (Houran, J.) granting summary judgment in favor of the defendants1 on the plaintiffs' claim to a prescriptive easement over defendants' beach front property (the "Beach Lot") on Lake Ossipee. We reverse and remand.

The summary judgment record reveals the following pertinent facts. The Beach Lot is located to the west of Lake Ossipee...

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