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HICKS, J. The plaintiff, Foundation for Seacoast Health (Foundation), appeals decisions of the Superior Court (McHugh, J.) granting the defendants’, Hospital Corporation of America (HCA) and its successors and HCA Health Services of New Hampshire, Inc. (HCA-NH), motion for summary judgment and motion to dismiss, and denying the Foundation’s motion for partial summary judgment. We affirm in part, vacate in part and remand.

Order in reference to the defendant's Motion for Summary Judgment (filed 12/6/04) and the plaintiff's Objection thereto (filed 1/5/05). Subsequent to review of the parties' pleadings and the applicable law, the Court renders the following determination(s).

DUGGAN, J. The petitioner, Michael J. Glick, D.D.S., appeals an order of the Superior Court (O’Neill, J.) denying his petition for specific performance of a right of first refusal he holds for land owned by the respondent, Chocorua Forestlands Limited Partnership (Chocorua). Chocorua cross-appeals, arguing that the trial court erred in finding that Glick possesses valid first refusal rights. We reverse in part, affirm in part, and remand.