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Fish and Game to evict ailing 79-year-old Greenland man, says hands are bound by feds

By KIMBERLEY HAAS
Union Leader Correspondent

June 20. 2018 11:54AM
David Emery overlooks the ocean at the Greenland estate where he grew up. The 79-year-old is being evicted under an estate plan he helped develop to protect his infirm sister decades ago. (KIMBERLEY HAAS/Union Leader Correspondent)



When Priscilla Wykes died on Jan. 19 at the age of 88, it set the wheels in motion for the state to evict her brother and tenants of Sunset Farm in Greenland. (KIMBERLEY HAAS/Union Leader Correspondent)

GREENLAND — New Hampshire Fish and Game officials are asking a 79-year-old man suffering from cancer to leave his home in Greenland, but his attorney is hoping a deal can be worked out.

In 2001 the Nature Conservatory purchased the Emery family’s 35 acres — which includes a house, three cottages and five apartments near Newington Road — for $1.6 million. The goal was to protect sensitive areas around Great Bay.

Attorney Jack McGee of Portsmouth created a trust that allowed Frank Emery’s daughter, Priscilla Wykes, to stay on the land.

Senior Assistant Attorney General Christopher Aslin said when Wykes died this January, rights of usage at the property terminated.

David Emery, the son of Frank Emery, now lives there and asked to stay on.

Aslin said the state did consider Emery’s pleas, but because some of the money for the purchase came from the National Oceanic and Atmospheric Administration with specific directives for conservation, people can no longer live on the estate.

“We reviewed the options that were available to us under the law but because the land was purchased with federal money, residential living wouldn’t be consistent with federal grants and they could be reclaimed by the National Oceanic and Atmospheric Association,” Aslin said.

McGee, who is Emery’s attorney in the matter, said Aslin has been willing to consider different options for his client. They are currently trying to figure out whether Emery can move one of the structures to another location and live there.

Emery, his 12-year-old dog Crunch, and all of the tenants who live on the property were originally given a June 4 deadline to get out, but that has been extended until Sept. 1.


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