Appeal of Connolly

This action challenges the decision of the commissioner of the department of public works and highways (commissioner) that the plaintiff was not entitled to certain “in-lieu-of” relocation payments. See RSA 233-A:3 III (now codified at RSA 230:36 III); see also 42 U.S.C. § 4622(c) (1976). We uphold the decision of the commissioner.

Prior to August 15, 1980, the plaintiff operated two gasoline service stations in Manchester, New Hampshire, pursuant to lease agreements with the Sun Oil Company of Pennsylvania (Sun Oil). At that time, the State took by eminent domain a portion of the land upon…