Stott v. City of Manchester, No. 5690
| Court | Supreme Court of New Hampshire |
| Writing for the Court | DUNCAN; KENISON; LAMPRON |
| Citation | 242 A.2d 58,109 N.H. 59 |
| Parties | Muriel F. STOTT v. CITY OF MANCHESTER. |
| Docket Number | No. 5690 |
| Decision Date | 29 May 1968 |
Page 58
v.
CITY OF MANCHESTER.
Decided May 29, 1968.
Arthur E. Porter, Manchester, and Philip S. Hollman, Laconia, for plaintiff.
J. Francis Roche, City Solicitor, for defendant.
DUNCAN, Justice.
It is settled law in this jurisdiction that the construction and maintenance of municipal parking areas is a proper exercise of the police power to regulate highways and their use. Opinion of the Justices, 94 N.H. 501, 51 A.2d 836. Authority to create such areas is expressly conferred upon municipalities by statute (RSA 31:3, 4, III), and the use of parking meters therein is likewise authorized by statutory provisions adopted in consistency with constitutional provisions. (RSA 249:1, 2) Const., Pt. 2, Art. 6-a. Opinion of the Justices, supra.
Other decisions of this court make it evident that parking which is incidental to a viatic use of the highways is itself a
Page 60
highway use, provision for which serves a public purpose. Papademas v. State, 108 N.H. --, 237 A.2d 665 (decided Jan. 30, 1968). See also Hartford v. Gilmanton, 101 N.H. 424, 146 A.2d 851; State v. Rosier, 105 N.H. 6, 191 A.2d 526.In consequence, parking has become so far an integral part of highway use and regulation, that we are of the opinion that adequate provision for it must be considered to be the exercise of a governmental function in the course of which a municipality should be free from liability for negligence. Gossler v. Manchester, 107 N.H. 310, 221 A.2d 242. See State v. Rosier, 105 N.H. 6, 191 A.2d 526, supra.
In reaching this conclusion, we are sensible of the fact that provision of parking lots is not required of municipalities, and [109 N.H. 61] recognize that metering is designed to provide a measure of compensation for facilities provided. RSA 249:1, 2, supra. These considerations however are not conclusive of the question of whether the particular undertaking is governmental or proprietary in character. Kardulas v. Dover, 99 N.H. 359, 111 A.2d 327; Shea v. Portsmouth, 98 N.H. 22, 26, 94 A.2d 902. See Krzysztalowski v. Fortin, 108 N.H. 187, 230 A.2d 750.
In her well reasoned brief, the plaintiff relies upon the few decided cases to be found, to establish that elsewhere the operation of municipal parking lots has been thought to be proprietary. Stringfield v. City of Hackensack, 68 N.J.Super. 38, 171 A.2d 361; Amelchenko v. Borough of Freehold, 81...
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Merrill v. City of Manchester, No. 6281
...has resurfaced, but without departure from stare decisis. See Allen v. Hampton, 107 N.H. 377, 222 A.2d 833 (1966); Stott v. Manchester, 109 N.H. 59, 242 A.2d 58 (1968); Hurley v. Hudson, 112 N.H. 365, 296 A.2d 905 (1972). No legislative solution has materialized, and responsible action by t......
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Opinion of the Justices, No. 5949
...501, 51 A.2d 836; State v. Rosier, 105 N.H. 6, 191 A.2d 526; Papademus v. State, 108 N.H. 456, 237 A.2d 665; Stott v. City of Manchester, 109 N.H. 59, 242 A.2d 58. The construction and maintenance of such facilities is a recognized and established municipal function. Stott v. Manchester, su......
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State v. Peter Salvucci & Sons, Inc., No. 6105-
...concurring and dissenting opinions in Gossler v. Manchester, 107 N.H. 310, 221 A.2d 242 (1966); and [111 N.H. 265] Stott v. Manchester, 109 N.H. 59, 62, 242 A.2d 58, 60, 61 (1968); Note, Assault on the Citadel: De-Immunizing Municipal Corporations, 4 Suffolk U.L.Rev. 832, 867 (1970); Commen......
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Club Jolliet, Inc. v. Manchester, No. 6047
...purpose which can be accomplished by a redevelopment project. Opinion of the Justices, 109 N.H. 396, 254 A.2d 273; Stott v. Manchester, 109 N.H. 59, 242 A.2d 58; Seligsohn v. Philadelphia Parking Authority, 412 Pa. 372, 194 A.2d 606, cert. den. 376 U.S. 952, 84 S.Ct. 970, 11 L.Ed.2d 971 'Th......
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Merrill v. City of Manchester, No. 6281
...has resurfaced, but without departure from stare decisis. See Allen v. Hampton, 107 N.H. 377, 222 A.2d 833 (1966); Stott v. Manchester, 109 N.H. 59, 242 A.2d 58 (1968); Hurley v. Hudson, 112 N.H. 365, 296 A.2d 905 (1972). No legislative solution has materialized, and responsible action by t......
-
Opinion of the Justices, No. 5949
...501, 51 A.2d 836; State v. Rosier, 105 N.H. 6, 191 A.2d 526; Papademus v. State, 108 N.H. 456, 237 A.2d 665; Stott v. City of Manchester, 109 N.H. 59, 242 A.2d 58. The construction and maintenance of such facilities is a recognized and established municipal function. Stott v. Manchester, su......
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State v. Peter Salvucci & Sons, Inc., No. 6105-
...concurring and dissenting opinions in Gossler v. Manchester, 107 N.H. 310, 221 A.2d 242 (1966); and [111 N.H. 265] Stott v. Manchester, 109 N.H. 59, 62, 242 A.2d 58, 60, 61 (1968); Note, Assault on the Citadel: De-Immunizing Municipal Corporations, 4 Suffolk U.L.Rev. 832, 867 (1970); Commen......
-
Club Jolliet, Inc. v. Manchester, No. 6047
...purpose which can be accomplished by a redevelopment project. Opinion of the Justices, 109 N.H. 396, 254 A.2d 273; Stott v. Manchester, 109 N.H. 59, 242 A.2d 58; Seligsohn v. Philadelphia Parking Authority, 412 Pa. 372, 194 A.2d 606, cert. den. 376 U.S. 952, 84 S.Ct. 970, 11 L.Ed.2d 971 'Th......