Hill v. Dobrowolski

The plaintiff brought this action against the defendant for trespass and for violation of RSA 540-A:3, II, III, and IV (Supp. 1983), restricting a landlord’s rights against a tenant of residential property in the absence of consent or judicial authorization. The Superior Court (Cann, J.) granted defendant’s motion to dismiss. The plaintiff appeals the dismissal of the count for statutory violations. We reverse.

In addressing the motion to dismiss, the parties and the trial court considered facts outside the pleadings. The record before us indicates that the following facts may be taken as true…