inverse condemnation claim in New Hampshire

2010See id. at 544 , 543 A.2d 922 .

2010See id. at 544 .

2010See Blue Jay Realty Trust v. City of Franklin, 132 N.H. 502, 509 , 567 A.2d 188 (1989).

2010See Blue Jay Realty Trust v. City of Franklin, 132 N.H. 502, 509 (1989).

2010See Hill-Grant Living Trust v. Kearsarge Lighting Precinct, 159 N.H. 529 , ___, 986 A.2d 662 (2009) (holding that a state taking claim is ripe as soon as zoning board has issued its final decision).

2010See Hill-Grant Living Trust v. Kearsarge Lighting Precinct, 159 N.H. 529, 533 (2009) (holding that a state taking claim is ripe as soon as zoning board has issued its final decision).

2010To prevail on an inverse condemnation claim, however, a plaintiff “must establish that treatment under takings law, as opposed to tort law, is appropriate under the circumstances.” Ridge Line, Inc. v. United States, 346 F.3d 1346, 1355 (Fed.

2010To prevail on an inverse condemnation claim, however, a plaintiff "must establish that treatment under takings law, as opposed to tort law, is appropriate under the circumstances." Ridge Line, Inc. v. United States, 346 F.3d 1346, 1355 (Fed.

2010“Governmental action which substantially interferes with, or deprives a person of, the use of his property in whole or in part, may . . . constitute a taking, even if the land itself is not taken.” Sundell, 119 N.H. at 845 (upholding an inverse condemnation claim for injury to the property rights of landowners where algae blooms caused by the defendant’s intentional discharge of effluent had polluted waters adjacent to plaintiffs’ shoreline, but would dissipate over time).

2010"Governmental action which substantially interferes with, or deprives a person of, the use of his property in whole or in part, may . . . constitute a taking, even if the land itself is *260 not taken." Sundell, 119 N.H. at 845 , 409 A.2d 1315 (upholding an inverse condemnation claim for injury to the property rights of landowners where algae blooms caused by the defendant's intentional discharge of effluent had polluted waters adjacent to plaintiffs' shoreline, but would dissipate over time).

2012“Although no precise rule determines when property has been taken, the question necessarily requires a weighing of private and public interests.” United States v. 156.81 Acres of Land, Etc., 671 F.2d 336, 339 (9th Cir. 1982) (quotation and citation omitted).

2010In addressing whether res judicata barred the plaintiff's inverse condemnation claim, we relied upon Eastern Marine Construction Corp. v. First Southern Leasing, 129 N.H. 270, 274, 275 , 525 A.2d 709 (1987), in which we embraced the modern trend "to define cause of action collectively to refer to all theories on which *730 relief could be claimed on the basis of the factual transaction in question," and "reject[ed] the view that the term is synonymous with the particular legal theory in which a party's claim for relief is framed." See Sleeper, 157 N.H. at 534 , 955 A.2d 879 ; Restatement (Seco

2010In addressing whether res judicata barred the plaintiff's inverse condemnation claim, we relied upon Eastern Marine Construction Corp. v. First Southern Leasing, 129 N.H. 270, 274, 275 , 525 A.2d 709 (1987), in which we embraced the modern trend "to define cause of action collectively to refer to all theories on which *730 relief could be claimed on the basis of the factual transaction in question," and "reject[ed] the view that the term is synonymous with the particular legal theory in which a party's claim for relief is framed." See Sleeper, 157 N.H. at 534 , 955 A.2d 879 ; Restatement (Seco