Rico Corp. v. Town of Exeter

OPINION

BOURCIER, J.

In this declaratory judgment action, RICO Corporation and the Town of Exeter (plaintiff and defendant, respectively), each appeal from the partial granting and partial denial of their respective cross-motions for summary judgment by a justice of the Washington County Superior Court on October 21, 1996. They also appeal from the final judgment entered on October 4, 1999, by a second trial justice of that court after a trial on the merits of RICO’s complaint for declaratory and injunctive relief and the town’s counterclaim.

For the reasons hereinafter set out, we vacate the…