Boyle v. City of PortsmouthAnnotate this Case
Plaintiff James Boyle, individually and as Trustee of the 150 Greenleaf Avenue Realty Trust, appealed, and defendant City of Portsmouth (City), cross-appealed, after a jury awarded Boyle damages for trespass and nuisance arising from the City’s sewer line on his property. On appeal, Boyle contended the trial court erred in: (1) determining as a matter of law that the City’s trespass began in 2013; and (2) excluding all evidence of future lost profits after 2016. The City argued the trial court erred in: (1) permitting Boyle’s lost profits claims to go to the jury and refusing to set aside the jury’s award; and (2) determining that the City did not have permanent rights in the sewer line. After review, the New Hampshire Supreme Court affirmed the trial court’s ruling that the City had only a revocable license in the sewer line, reversed, in part, the court’s rulings concerning the timing of Boyle’s damages, reversed the court’s ruling on Boyle’s lost profits claim and vacated the jury award, and remanded.