Supreme Court of New Hampshire, 1978

City of Manchester v. Lawton

City of Manchester v. Lawton
Supreme Court of New Hampshire · Decided February 6, 1978
118 N.H. 89; 382 A.2d 1107; 1978 N.H. LEXIS 349

City of Manchester v. Lawton

Opinion of the Court

*90The city’s petition to abate a nuisance, RSA 47:17 XIY, alleged to have been created by a fire-damaged building was dismissed by the Superior Court (DiClerico, J.) this date on motion on the ground that RSA 155-B.-2 (Supp. 1975) deprived the superior court of its equity jurisdiction over the subject matter-. RSA 498:1. Because of the urgency of the matter, we expedited oral argument and rule that the remedy provided by RSA 155-B:2 (Supp. 1975) provides a supplemental remedy and does not deprive the superior court of its general equity powers. RSA 155-B:14 (Supp. 1975).

The motion to dismiss should not therefore have been granted.

Exceptions sustained; remanded.

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