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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We disagree that the notice to quit converted the parties’ dispute over the validity of the requirement that Hale replace six-foot-high fencing with four-foot-high fencing into an “eviction.” We need not decide whether the filing of a writ in district court would have divested the board of jurisdiction in order to agree with the superior court that the notice to quit did not do so. Even if we assume that the filing of a writ would have divested the board of jurisdiction, no such writ was filed in this case. Although the notice to quit may be a requisite step in the eviction process, it is not itself an eviction action. See RSA 540:2, :13. III. Erroneous Factual Finding

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