Cited by

9 should ordinarily be determined “at a preliminary hearing in advance of trial.” Sundell v. Town of New London, 119 N.H. 839, 848 (1979) (quotation omitted).

Sundell v. Town of New London, 119 N.H. 839, 844 (1979).

Sundell v. Town of New London, 119 N.H. 839, 849-50 (1979) (ruling that inverse condemnation claims are subject to the twenty-year statute of limitations in RSA 508:2); but see also Kalil v. Town of Dummer Zoning Bd.

constitute a taking, even if the land itself is not taken.” Sundell v. Town of New London, 119 N.H. 839, 845 (1979); see Eaton v. B.C.

Heston v. Ousler, 119 N.H. 58, 61 (1979) (upholding master’s finding that defendants’ dock constituted a nuisance where the dock completely obscured the plaintiffs’ view of the water and “created a safety hazard for the plaintiffs when swimming within their own water space”); Sundell v. Town of New London, 119 N.H. 839, 843, 844 (1979) (littoral owners could recover for reduced enjoyment of lake waters resulting from pollution-caused algae blooms which “caused the water to become ‘pea soup’ in c

Smith v. Town of Wolfeboro, 136 N.H. 337 (1992); Burrows v. City of Keene, 121 N.H. 590 (1981); Sundell v. Town of New London, 119 N.H. 839 (1979).

Smith v. Town of Wolfeboro, 136 N.H. 337, 615 A.2d 1252 (1992); Burrows v. City of Keene, 121 N.H. 590, 432 A.2d 15 (1981); Sundell v. Town of New London, 119 N.H. 839, 409 A.2d 1315 (1979).

While the State holds title to the bed of the great ponds, State v. Stafford Company, 99 N.H. 92, 97 (1954), “littoral owners have rights *170 which are more extensive than those of the public generally.” Sundell v. Town of New London, 119 N.H. 839, 844 (1979) (quotation omitted).

“Inverse condemnation occurs when a governmental body takes property in fact but does not formally exercise the power of eminent domain.” Sundell v. Town of New London, 119 N.H. 839, 845 (1979) (citation omitted).

Inverse condemnation occurs when a governmental body takes property in fact but does not formally exercise the power of eminent domain; Sundell v. Town of New London, 119 N.H. 839, 845 (1979).

The plaintiffs argue that their takings claim is in the nature of an inverse condemnation action, to which they are entitled to a jury trial under our holding in Sundell v. Town of New London, 119 N.H. 839 (1979).

In addition, we have uniformly held that owners of property adjacent to lands held in public trust have common law rights which are “more extensive than those of the public generally.” Sundell v. Town of New London, 119 N.H. 839, 844, 409 A.2d 1315,1317 (1979) (quotation omitted).

liability to the present plaintiffs based upon inverse condemnation, or from relitigating those elements of a cause of action in nuisance that are also elements of inverse condemnation, for damages suffered by the plaintiffs after November 18, 1977, the date of verdict in Sundell, et al v. New London, Merrimack County Superior Court No. 16,891?” The answer is no. In Sundell v. Town of New London, 119 N.H. 839, 409 A.2d 1315 (1979), the jury returned a general verdict for the plaintiffs following

Yet, regulatory agents of the State may, by action or regulation, conduct themselves in such a way as to effect what the law terms an “inverse condemnation.” Such physical acts, Sundell v. Town of New London, 119 N.H. 839, 845, 409 A.2d 1315, 1318 (1979); Eaton v. B.C.

Burrows v. City of Keene, 121 N.H. at 597-98, 432 A.2d at 20; Sundell v. Town of New London, 119 N.H. 839, 845, 409 A.2d 1315, 1318 (1979).

In Sundell v. Town of New London, 119 N.H. 839, 848, 409 A.2d 1315, 1320 (1979), we held that damages for past harm are recoverable in a private nuisance action when the nuisance is temporary, or abatable, as in this case.

Associates, Inc. v. Town of Atkinson, 121 N.H. 581, 583, 432 A.2d 12, 14 (1981); see Sundell v. Town of New London, 119 N.H. 839, 849-50, 409 A.2d 1315, 1321 (1979).

See, e.g., Sundell v. Town of New London, 119 N.H. 839, 409 A.2d 1315 (1979); State v. Provencher, 119 N.H. 756, 407 A.2d 369 (1979).

See, e.g., Sundell v. New London, 119 N.H. 839, 409 A.2d 1315 (1979); Metzger v. Brentwood, 117 N.H. 497, 502-03, 374 A.2d 954, 957-58 (1977).