V.S.H. Realty, Inc. v. City of Rochester

This case arises from a decree of the Strafford County Superior Court (King, J.) dated December 12, 1977, enjoining the city of Rochester from “improperly interfering with the construction and operation of a convenience store and gas station on land owned by the plaintiff V.S.H. Realty, Inc.

The city alleges first that the decree is defective in that it was issued without adequate notice to the city or its attorney, thereby denying the city an opportunity to present evidence on the merits of the plaintiff’s claim; and second that the decree was improper in that the plaintiff failed to exhaust…