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Legal Opinion

Appeal of Cheney

Supreme Court of New Hampshire

Decided July 8, 1988No. 87-137PublishedCited by 9 opinions

1Opinion of the CourtSouter, J.

This appeal comes from the board of tax and land appeals, which overruled preliminary objections to a city’s condemnation of commercial property to create a parking lot. The plaintiff claims that the board erred in rejecting her arguments that (a) the city’s procedure deprived her of a constitutionally guaranteed opportunity to object prospectively to the proposal to take her property; that (b) a participating city councilor’s conflict of interest rendered the condemnation action voidable; and that neither (c) a public purpose nor (d) a public benefit justifies the taking. We affirm.

In 1984…

2Cases cited12 opinions

  1. Velishka v. NASHUA HOUSING AUTHORITYSupreme Court of New Hampshire · 1954
  2. Appeal of The Portsmouth Trust Co.Supreme Court of New Hampshire · 1980
  3. Sklar Realty, Inc. v. Town of MerrimackSupreme Court of New Hampshire · 1984
  4. Gazzola v. ClementsSupreme Court of New Hampshire · 1980
  5. Winslow v. Town of Holderness Planning BoardSupreme Court of New Hampshire · 1984

7 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Appeal of RichardsSupreme Court of New Hampshire · 1991
  2. Appeal of Pennichuck Water Works, Inc.Supreme Court of New Hampshire · 2010
  3. Fox v. Town of GreenlandSupreme Court of New Hampshire · 2004
  4. Star Vector Corp. v. Town of WindhamSupreme Court of New Hampshire · 2001
  5. Appeal of City of KeeneSupreme Court of New Hampshire · 1997

4 more not listed; retrieve them via the Exa API.

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