City of Portsmouth v. 150 Greenleaf Avenue Realty Trust

Summary

The Supreme Court of New Hampshire affirmed the Superior Court’s judgment that the City of Portsmouth’s eminent‑domain taking of 4.6 acres, including wetlands and a sewer line, was unlawful. The Court held that the City failed to cite proper statutory authority, did not show a present public need, improperly took the sewer line in fee simple, and that its motive to end litigation was improper. The decision rests on de novo review of the statutory construction and the trial court’s factual findings were upheld.