Molloy v. Exeter

Petition for a temporary injunction seeking to restrain the town of Exeter from condemning certain land owned by the plaintiffs for a municipal sewage or waste treatment plant or works to be located in the town of Exeter; and to restrain the defendant Aceto from entering upon plaintiffs’ land. Defendant Aceto was the general contractor engaged in installing the sewer system and waste treatment plant.

RSA 252:5 provides: “Taking land. Whenever it is necessary to construct such main drains or common sewers across the land of any person the mayor and aldermen may lay out a sufficient quantity of…