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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Sherryland, Inc. v. Snuffer, 150 N.H. 262 (2003)

Citation
Sherryland, Inc. v. Snuffer, 150 N.H. 262 (2003)
Parent Document
Sherryland, Inc. v. Snuffer, 150 N.H. 262 (2003)
Jurisdiction
New Hampshire (state)
Effective Date
2003-11-21

Full Text

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In June, the district court, after denying a motion to recuse the trial judge, dismissed the landlord and tenant writ brought to enforce the eighteen-month notice to quit on three grounds. First, the notice to quit did not contain a statutorily permissible reason to support park closure. See RSA 205-A:4, :5 (2000). Specifically, the court found that RSA 205-A:4, VI does not provide for the discontinuation of selected sites but only for the discontinuation of the whole park. Second, the eviction action for nonpayment of rent, which had gone to trial in April, constituted an election of remedies by Sherryland. Finally, the April eviction action barred the park closure eviction proceeding under the doctrine of res judicata. These consolidated appeals followed.