Gill v. Gerrato

The defendants, Stephen G. and Phyllis G. Gerrato, and Andrew M. and Cynthia L. Birse, appeal the decision of the Trial Court (Morrill, J.) ruling that a lane running through their respective properties is a class VI highway. We affirm.

This is the second time this matter has come before us. The facts are set forth in our previous decision, see Gill v. Gerrato, 154 N.H. 36 (2006). For purposes of this appeal, we recite the pertinent facts and procedural background below.

The lane at issue extends from Route 151, previously known as Old Post Road or Post Road, through the defendants’ respective…