CITY OF MANCHESTER v. LAWTON, 118 N.H. 89 (1978)

382 A.2d 1107

CITY OF MANCHESTER v. RONALD LAWTON a.

No. 78-030Supreme Court of New Hampshire Hillsborough
Decided February 6, 1978

Nuisance — Abatement Supplemental statutory remedy did not deprive superior court of its general equity powers and motion to dismiss city’s petition to abate nuisance, alleged to have been created by fire-damaged building, should not have been granted. RSA 155-B:2 (Supp. 1975), :14 (Supp. 1975).

James A. Manning, of Manchester, by brief and orally for the plaintiff.

Cullity Kelley, of Manchester (George W. Roussos orally), for the defendant.

Page 90

MEMORANDUM OPINION

The city’s petition to abate a nuisance, RSA 47:17 XIV, alleged to have been created by a fire-damaged building was dismissed by the Superior Court (DiClerico, J.) this date on motion on the ground that RSA 155-B:2 (Supp. 1975) deprived the superior court of its equity jurisdiction over the subject matter. RSA 498:1. Because of the urgency of the matter, we expedited oral argument and rule that the remedy provided by RSA 155-B:2
(Supp. 1975) provides a supplemental remedy and does not deprive the superior court of its general equity powers. RSA 155-B:14 (Supp. 1975).

The motion to dismiss should not therefore have been granted.

Exceptions sustained; remanded.