Heston v. Ousler

Two issues have been preserved for our review by exceptions to the report and recommendations of the Master (George W. Walker, Esq.), as approved by the Court (Dunfey, J.). The defendants except to the master’s finding that the location and use of their dock on shorefront property on Lake Winnipesaukee constitutes both a private nuisance and an encroachment on the plaintiffs’ littoral rights, and to the order requiring the removal of their dock and the establishment of a “buffer zone” where neither the defendants nor the plaintiffs shall be permitted to maintain dockage. We overrule this…