Merrill v. City of Manchester

The plaintiffs appeal from a decree of the Superior Court (Goode, J.) approving the report of a Master (May-land H. Morse, Jr., Esq.) which denied their petitions to enjoin the defendants from taking their land by eminent domain for an industrial park pursuant to RSA chapter 205. We reverse and remand.

The circumstances which give rise to this dispute were set forth in detail in Merrill v. City of Manchester, 124 N.H. 8, 466 A.2d 923 (1983), and briefly are as follows. The plaintiffs own twenty-six industrially zoned acres in Manchester. The Merrill tract comprises twenty-three acres of forest…