GRANITE LAW
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GRANITE LAW |
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NewsDecember 2002Francis of Troy--One Citizen Stands Up for His Rights 
Perhaps you followed the tale of a gentleman in Troy, New Hampshire, who was at considerable odds with the Town of Troy over the use of a right of way across his land.Francis Fournier originally granted an easement to the Town of Troy to access the Town’s water and sewer treatment plant. Easements are usually for a very specific purpose and use, but the Town began to use the easement for access to other parcels, and Mr. Fournier rightly was not pleased. There were negotiations with the Town, but always in the back of the negotiations, was the realization that the Town could take the property by a power similar to eminent domain. Rightly or wrongly, Mr. Fournier felt that the Town would not pay him what he believed the value of the land was and that he was generally not being treated fairly by the Town. At a certain level of frustration, Mr. Fournier personally welded and installed an iron gate across the road and would not permit anyone to through unless authorized. Needless to say, this brought things to a head. The Town had no choice but to go to Court and seek an injunction, but they did not want to. Consequently, Mr. Fournier’s attorney, Roy Weddleton, prevailed on all parties to resolve the matter once and for all by an immediate payment to Mr. Fournier for a deed to the easement area so that the Town would own the property. Mr. Fournier recently sent Attorney Weddleton a Christmas card that shows he won’t soon forget his experience with Town government, but that he has a sense of humor. |
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