Malnati v. State

The State appeals decisions of the Superior Court (Brennan, J.) holding that RSA228:60-a, V (1993) violates the rights of the plaintiffs, Vincent and Carol Malnati, to due process and equal protection under the New Hampshire Constitution. See N.H. Const, pt. I, arts. 12, 15. The State also challenges both the trial court’s failure to clarify its ruling that the easement acquired by the State over the plaintiffs’ property was for railroad purposes only, and the court’s ruling that use of the rail corridor as a recreational trail materially increased the burden on the servient estate. Finally,…