Town of Atkinson v. Malborn Realty TrustAnnotate this Case
The respondents, Malborn Realty Trust and its trustee, Daniel Osborn, appealed a superior court order that enjoined Osborn from occupying property in Atkinson because he lacked an
occupancy permit and that imposed a civil penalty for this violation. Petitioner Town of Atkinson cross-appealed the trial court’s failure to award it attorney’s fees. Upon review of the matter, the Supreme Court affirmed the trial court’s issuance of the injunction, modified its imposition of civil penalties, reversed its denial of attorney’s fees, and remanded.