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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

645 chars
Penrich disputes this result on three grounds. First, Penrich suggests that our decision in Penrich I remanded the question of the permissibility of rent withholding absent a court order with regard to all tenants in the park withholding the rental increase. This interpretation misconstrues our earlier holding. We specifically stated that “it would be inappropriate to require the tenants to relitigate their complaints concerning [the eleven lots].” Id. The effect of accepting Penrich’s argument would be to require these tenants to relitigate their complaints as an affirmative defense under RSA 540:13-d, a result we rejected in Penrich I.