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Sleeper v. The Hoban Family Partnership, et al., 2007-257 (N.H. S.Ct., Jul. 25, 2008)

Fri, 07/25/2008 - 21:15 — NHCaseLaw.com
Case Information
Document Type: 
Opinion
Case name: 
Sleeper v. The Hoban Family Partnership, et al.
Date: 
Jul 25 2008
Docket Number: 
2007-257
Justice: 
Dalianis, Linda S.
Jurisdiction: 
N.H. S.Ct.

DALIANIS, J. The petitioner, Harry A. Sleeper, appeals the order of the Superior Court (Smukler, J.) partially granting and partially denying his petition for declaratory judgment. While the trial court ruled that the petitioner had an easement by deed to access Beech Street in Alton for the purpose of using a beach area, it denied his other claims on the ground that they were barred by res judicata. The respondents, The Hoban Family Partnership, John J. Hoban, Patrick J. Hoban and Diane V. Hoban, cross-appeal the trial court’s ruling in the petitioner’s favor on his easement by deed claim. We affirm the trial court’s ruling on the petitioner’s claim to an easement by deed, reverse its res judicata ruling, and remand for further proceedings consistent with this opinion.