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Decker v. Ciccone

Supreme Court of New Hampshire

July 7, 2014

Allan J. Decker & a.
v.
Dyan Ciccone & a.,

The petitioners, Allan Decker, Bernice Furlong, David Eder-Mulhane, Susan Maguire, Gregg Mann, and Estelle Decker, individually and as trustee of the Decker Family Trust, appeal an order of the superior court on their petition for declaratory judgment and other relief in favor of the respondents, Dyan Ciccone, Gary Ciccone, and James Morgan. The petitioners contend that the trial court erred by: (1) interpreting the subject deeds based on their plain language after admitting extrinsic evidence; (2) finding that their deeds did not include an easement over the disputed property; (3) finding that their use was not open and adverse; (4) finding their claims of abuse of process time barred; and (5) ruling in favor of the respondents on the abuse of process claims.

On appeal, the petitioners have the burden to demonstrate reversible error. See Coyle v. Battles, 147 N.H. 98, 100 (2001). We have reviewed the trial court's well-reasoned order, the petitioners' challenges to it, and the record that the petitioners have provided, and we conclude that the petitioners have not demonstrated reversible error.

Affirmed.

HICKS, CONBOY, AND LYNN, JJ., ...


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