Mark DiMinico v. Centennial Estates Cooperative, Inc.Annotate this Case
Defendant Centennial Estates Cooperative, Inc., appealed, and plaintiff, Mark DiMinico, cross-appealed a superior court order awarding declaratory and injunctive relief to plaintiff. Plaintiff was a tenant at a manufactured housing community owned by defendant. Defendant decided to improve the lot that abutted the east side of plaintiff’s lot. In order to make the lot habitable, defendant had to dig a trench and install buried electrical conduit, install a new septic system, install fill over the septic system, regrade the lot, and construct a concrete pad upon which a manufactured home could be placed. As part of this project, defendant decided to make changes to plaintiff’s lot by removing trees and vegetation on the eastern portion of plaintiff’s lot and filled in the area with truckloads of boulders and dirt, creating a six-foot berm on the lot’s eastern section. Plaintiff was not made aware of defendant’s plans to alter his lot, and did not discover the changes until after they occurred because he had been away visiting his father. Plaintiff complained to defendant’s Board of Directors, seeking to have his lot restored to its prior condition and to limit defendant’s work to the abutting lot. In response, the defendant told the plaintiff that he had no rights with respect to his lot outside of the physical footprint of his manufactured home. The trial court ruled that Defendant violated plaintiff’s right to quiet enjoyment when it deforested and regraded a portion of the lot leased by plaintiff. Finding no reversible error, the New Hampshire Supreme Court affirmed.