Lebanon Housing Authority v. National Bank

Kenison, C J.

In this eminent domain proceeding in which plaintiff converted defendant’s private parking lot into a public lot, the parties petitioned for a trial by jury on the issue of damages resulting from the taking pursuant to RSA 4:35. The trial court in its pretrial order stated the question at issue in this appeal as stipulated to by the parties: “Whether or not the Lebanon Housing Authority is entitled to claim that a special benefit has been created which can be set off in appraising the damages of the plaintiff Bank”. At an evidentiary hearing on this sole question in advance of…