The Town of Henniker ’s Desire to Build a Road Does Not Justify Doing so in a Less Than Constitutional Way

Mark Hodgdon  | GrokWatch News Desk

“On June 23rd, a Merrimack County Superior Court jury returned a verdict on all counts for Lorin Mulligan against the Town of Henniker.  The Henniker Water Department built an access road for commercial trucks across her property to the Town’s water tank on abutting land.  Despite her repeated protests and the clear language of her deed, Henniker chose to build the road anyway with little or no regard to her private property rights.  She was left with no option but to defend her constitutionally protected property rights through an arduous litigation process.

After hearing the evidence, the jury awarded Lorin $85,600 in damages for the Town’s actions.  Even more importantly, however, they  rejected Henniker’s various claims to have somehow obtained rights to her land to build the road.  My client is profoundly grateful to the jury for keeping her private property rights intact.  Her land and constitutional rights mean a great deal to her, as they do to most New Hampshire citizens.

The Town of Henniker’s desire to build a road does not justify doing so in a less than constitutional way and disregarding a citizen’s rights.  Nor should any one citizen be forced to bear the financial and personal burden of Henniker’s desires at the expense of her own rights and private land.  Henniker has other options but chose not to utilize them for reasons that are questionable.”

Mark P. Hodgdon
Law Office of Mark P. Hodgdon PLLC

 

Author

  • Steve MacDonald

    Steve is a long-time New Hampshire resident, an award-winning blogger, and a member of the Board of Directors of The 603 Alliance and the National Heritage Center for Constitutional Studies. He is the owner of Grok Media LLC and the Managing Editor, Executive Editor, assistant editor, Editor, content curator, and more (yes, there's more) at GraniteGrok.com. Steve is also a former board member of the Republican Liberty Caucus of New Hampshire, the Republican Volunteer Coalition, and has worked for or with many state and local campaigns and grassroots groups, and is a past contributor to the Franklin Center for Public Policy.

    View all posts
Share to...