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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Amanda Colburn v. Nicholas Saykaly & a. (2020)

Citation
Amanda Colburn v. Nicholas Saykaly & a. (2020)
Parent Document
Amanda Colburn v. Nicholas Saykaly & a. (2020)
Jurisdiction
New Hampshire (state)
Effective Date
2020-03-11

Full Text

786 chars
At the merits hearing in the district division, the plaintiff argued that,
because the original home is “[n]onrestricted property,” RSA 540:1-a, I(a)
(2007), she could lawfully evict the occupants without good cause. She further
argued that, even if she needed to show good cause, the health hazard
presented by the contaminated water satisfied that standard. The defendant
argued that, inter alia, the district division lacked jurisdiction to hear the case
because the dispute was between spouses and involved marital property that
was the subject of a pending divorce action. The plaintiff countered that the
district division had jurisdiction because the eviction case concerned only
possession of the original home, and did not impact the equitable distribution
of marital property.