Webster's Petition
Supreme Court of New Hampshire
Petition of the town of Webster for the discontinuance of a-highway. The petition was referred to the commissioners, with instructions in accordance with those required by the 87th rule of court? who, after a hearing, reported that since the highway was laid out', the selectmen had laid out another highway, which is particularly-described in their report as a substitute for the one which is asked to be discontinued; that the highway laid by the selectmen obviates the…
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Petition of the town of Webster for the discontinuance of a-highway. The petition was referred to the commissioners, with instructions in accordance with those required by the 87th rule of court? who, after a hearing, reported that since the highway was laid out', the selectmen had laid out another highway, which is particularly-described in their report as a substitute for the one which is asked to be discontinued; that the highway laid by the selectmen obviates the necessity for the other, and accommodates the public in'. its place; that the selectmen acted in good faith, and though the…
1Opinion of the CourtBlodgett, J.
In all cases when a highway has been laid out upon the report of commissioners, and before the building thereof a petition for discontinuance is filed, and referred to the same or another board of commissioners, they are required by the 87th rule of court “to inquire and report to the court whether any change of circumstances in any manner affecting the laying of said highway has occurred since the same was laid out, so that the same is no longer necessary, and should be discontinued by reason of such change of circumstances; and if so, to report the nature of the change, with the particular…
2Cases cited1 opinion
- Candia v. ChandlerSupreme Court of New Hampshire · 1877
3Cited by2 opinions
- Waisman v. ManchesterSupreme Court of New Hampshire · 1949
- Jones v. MasonSupreme Court of New Hampshire · 1916