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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Penrich, Inc. v. Sullivan, 140 N.H. 583 (1995)

Citation
Penrich, Inc. v. Sullivan, 140 N.H. 583 (1995)
Parent Document
Penrich, Inc. v. Sullivan, 140 N.H. 583 (1995)
Jurisdiction
New Hampshire (state)
Effective Date
1995-12-29

Full Text

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*586Penrich filed a petition for declaratory judgment to determine whether the unilateral withholding of rent was lawful. The tenants’ association counterclaimed, alleging that electrical violations and septic system failures constituted a health and safety hazard and requesting relief. After an initial hearing, the Superior Court {Manias, J.) ordered all requests for temporary relief “stayed pending a determination [by the court] pursuant to RSA 205-A:15.” From December 11 to December 15, 1989, the Superior Court {Flynn, J.) heard evidence on the alleged health and safety violations. Thereafter, on July 31, 1991, the court issued an opinion (the 1991 order) ordering Penrich to investigate or perform remedial work on all electrical and septic systems in the park and authorizing the continued withholding of the rental increase pending further order of the court.