Stevens v. Town of Goshen

The defendant, Town of Goshen (town), voted to discontinue a road abutting property of the plaintiffs, William and Lois Stevens. The Superior Court (Morrill, J.) denied the plaintiffs’ petition for damages, see RSA 231:49 (1993), and the plaintiffs appealed. We affirm in part, reverse in part, and remand.

The plaintiffs own property on Brickyard Road in Goshen. In 1974, William Stevens petitioned the town board of selectmen, of which he was a member, to lay out a portion of the road as a Class V highway, including the segment abutting his property. At the time, this portion was discontinued…