Kerouac v. Town of Hollis

The defendant, the Town of Hollis, appeals from a Superior Court {Goode, J.) order awarding the plaintiffs, Paul E. And Y Karen Kerouac, damages and attorney’s fees pursuant to 42 U.S.C. *555§§ 1993 and 1988 and New Hampshire law. At issue is whether the trial court properly found that the defendant had violated the plaintiffs’ constitutional rights to due process and equal protection. We reverse.

The plaintiffs owned a thirteen-acre parcel of land in the Town of Milford. Plaintiff Paul E. Kerouac purchased this land in 1970 in order to create a large pond by excavating approximately 1100,000…