Kingston Place, LLC v. New Hampshire Department of Transportation

The petitioner, Kingston Place, LLC, appeals an order of the Superior Court (McHugh, J.) granting summary judgment to the respondent, the New Hampshire Department of Transportation (DOT), on the petitioner’s claims that DOT’s long delay in taking a portion of the subject property by eminent domain has created a cloud on the petitioner’s title, violated RSA 498-A-.4, 111(a) (2010) and RSA 230:17 (2009), and constituted a taking by inverse condemnation. We affirm.

The record establishes, or the petitioner alleges, the following facts. In September 2007, the petitioner purchased a 3.26-acre lot…