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ETTINGER v. POMEROY LIMITED PARTNERSHIP

No. 2013-354.

97 A.3d 1133 (2014)

166 N.H. 447

Thomas ETTINGER & a. v. POMEROY LIMITED PARTNERSHIP & a.

Supreme Court of New Hampshire.

Opinion Issued: July 2, 2014.

Attorney(s) appearing for the Case

Hastings Law Office, P.A., of Fryeburg, Maine (Peter J. Malia, Jr. on the brief and orally), for the petitioners.

Coughlin, Rainboth, Murphy & Lown, P.A., of Portsmouth (Kenneth D. Murphy on the brief and orally), for respondent The Nature Conservancy.

Orr & Reno, P.A., of Concord (Jeremy D. Eggleton), for respondent Pomeroy Limited Partnership, filed no brief.

DALIANIS, C.J.

The petitioners, Thomas Ettinger, Margaret Ettinger, and Ettinger Family Holdings, Inc. (collectively, the Ettingers), appeal an order of the Superior Court (Houran, J.) denying their summary judgment motion and granting summary judgment to the respondents, Pomeroy Limited Partnership (Pomeroy Limited) and The Nature Conservancy (TNC), on the petitioners' petition for declaratory judgment. We reverse and remand.

The record establishes...

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