Legal Opinion
Marshall v. Burke
Supreme Court of New Hampshire
Decided October 12, 2011No. 2010-812PublishedCited by 4 opinions
1Opinion of the CourtLynn, J.
The plaintiffs, Alfred and Susan Marshall, appeal an order of the Superior Court {Honran, J.) granting summary judgment in favor of the defendants1 on the plaintiffs’ claim to a prescriptive easement over defendants’ beach front property (the “Beach Lot”) on Lake Ossipee. We reverse and remand.
The summary judgment record reveals the following pertinent facts. The Beach Lot is located to the west of Lake Ossipee between the lake and Deer Cove Road. To the west of Deer Cove Road are the properties of the individual defendants. To the west of the lots of these defendants is Benson Road, and to…
2Cases cited22 opinions
- Agostini v. FeltonSupreme Court of the United States · 1997
- Central Virginia Community College v. KatzSupreme Court of the United States · 2006
- Lippert v. JungCourt of Appeals of Maryland · 2001
- Congregation Yetev Lev D'Satmar, Inc. v. County of SullivanNew York Court of Appeals · 1983
- Flanagan v. PrudhommeSupreme Court of New Hampshire · 1994
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3Cited by4 opinions
- Thomas M. Benoit & a. v. Joseph A. Cerasaro, Trustee of the Joseph A. Cerasaro Revocable Trust & a.Supreme Court of New Hampshire · 2016
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- Collision Communications, Inc. v. Nokia CorporationDistrict Court, D. New Hampshire · 2025
- James Boyle, Individually and as Trustee of the 150 Greenleaf Avenue Realty Trust v. City of PortsmouthSupreme Court of New Hampshire · 2020