NHCaseLaw.com

DUGGAN, J. The defendant, Korean Methodist Church of New Hampshire (Church), appeals the denial by the Superior Court (Coffey, J.) of its preliminary objection to the declaration of taking filed by the State. See RSA 498-A:9-a, :9-b (Supp. 2007). We affirm.

The defendant City of Nashua (City) has begun proceedings before the New Hampshire Public Utilities Commission (PUC) seeking to acquire by eminent domain certain plants and property owned by the plaintiffs, Pennichuck Corporation and its wholly owned subsidiaries (Pennichuck), in order to establish a publicly owned or controlled water utility, as authorized by RSA chapter 38 (1997). Pennichuck instituted this declaratory judgment action in an effort to terminate or limit the City’s attempt to condemn its property. The matter comes before the court at this time on the parties’ cross motions for summary judgment. With the exception of one claim which is not yet ripe for adjudication and another as to which dismissal without prejudice is appropriate, I conclude that the City’s motion for summary judgment must be granted and Pennichuck’s cross motion must be denied.