Northern New Hampshire Mental Health & Developmental Services, Inc. v. Cannell

The defendant, who owns the Intervale Motel in North Conway as a tenant-in-eommon with the plaintiff, appeals from two orders of the Superior Court (O’Neil, J., and Mohl, J.) rejecting his claim that the plaintiff’s right to partition the motel property has been waived. For the reasons that follow, we affirm.

The origins of this dispute begin in 1974 when the defendant and his wife, Elizabeth Cannell, were divorced. As a married couple, the Cannells had acquired the Intervale Motel as tenants-in-common, each owning an undivided one-half interest in the property. During their divorce…