Hynes v. Hale, 146 N.H. 533 (2001)

Citation: Hynes v. Hale, 146 N.H. 533 (2001)
Parent Document: Hynes v. Hale, 146 N.H. 533 (2001)
Jurisdiction: New Hampshire (state)
Effective Date: 2001-06-22
Original Source: https://www.courtlistener.com/opinion/8092344/hynes-v-hale/ ↗

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Hale then brought a complaint before the board, asserting that Hynes’ enforcement of park rule 6(k) violated RSA 205-A:2, VIII(d) (2000), which restricts a manufactured housing park owner’s ability to require a tenant to remove any personal property which the tenant had prior park owner permission to possess. Following a hearing, the board found that Hale had implied permission to maintain the fence at its original height because park management *535had approved her purchase and sale agreement, which described the fence as property included in the purchase of the unit. Accordingly, the board ruled the fence was “grandfathered” at its original height. The board enjoined Hynes from requiring Hale to install replacement fencing of less than six feet and from taking any legal action against her based upon the contention that the fence violated park rule 6(k). Hynes moved for rehearing, which the board denied, and then appealed to the superior court, which affirmed the board’s decision.

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