Legal Opinion

Elmer v. Rodgers

Supreme Court of New Hampshire

Decided December 7, 1965No. 5365PublishedCited by 7 opinions

1Opinion of the CourtLampron, J.

The West Thornton Methodist Church owned this property from 1888 until it was conveyed to the defendants in 1963. Having never been used as a church lot, prescriptive rights could be acquired in it. RSA 477:34. The Master’s report was in part as follows:

“The undisputed evidence was to the effect that members of the general public as well as members of the church and their guests have used the beach and an area near the beach for bathing and picnicking purposes continuously for a period in excess of sixty years. During this period the public gained access to the beach and picnic area by means…

2Cases cited1 opinion

  1. Peterson v. RamckeSupreme Court of Connecticut · 1953

3Cited by7 opinions

  1. Blackmer v. WilliamsSupreme Judicial Court of Maine · 1981
  2. Opinion of the JusticesSupreme Court of New Hampshire · 1994
  3. Interior Trails Preservation Coalition v. SwopeAlaska Supreme Court · 2005
  4. Price v. EasthamAlaska Supreme Court · 2011
  5. McInnis v. Town of HamptonSupreme Court of New Hampshire · 1972

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