HAMPTON, N.H. (AP) – A judge has dismissed a stalking complaint filed by real estate agent Kathy Hutchins against former Senate President Beverly Hollingworth’s husband, William Gilligan.

Special Justice Thomas Rappa issued a nine-page decision Friday concluding that Mrs. Hutchins “has engaged in a course of conduct that is both provocative and harassing.”

“The fact that (Gilligan) responded to this conduct with comments demonstrating his disdain for such actions does not constitute stalking as defined by the statute.”

At issue is a dispute over parking between two well-to-do oceanfront neighbors. The dispute has gone on for over a year and led to a court fight that included allegations of stalking, pounding of nails into tires, secret videotaping, and dousing of others with a sprinkler. Videotapes played in court show one side giving the finger toward the neighbors’ home.

The two principal antagonists are Beverly Hollingworth and Peter Hutchins.

Hollingworth, 69, is a former New Hampshire Senate president who ran for governor three years ago. Hutchins, 47, won millions from the Roman Catholic Church on behalf of alleged victims of sexual abuse.

At issue is whether Hollingworth is entitled to park at the end of a narrow gravel road in front of a house the Hutchinses bought last year. Hollingworth and her husband own a century-old house built down a steep slope from the road. Hollingworth says an old court decision establishes her rights to the road.

Hutchins disagrees.

In the case decided Friday, Mrs. Hutchins had accused Gilligan of stalking her. She testified she felt threatened when Gilligan told her, “You have no class,” and “You have no shame,” after witnesses said they saw her douse her neighbors’ guests with a lawn sprinkler.

The Hollingworth side claims that Mrs. Hutchins was caught on videotape hammering a nail into a tire on Hollingworth’s car at night. Mrs. Hutchins claimed she was “banging” on the tire but did not puncture it. She has pleaded not guilty to attempted criminal mischief.

Videotapes played in court also showed the Hutchinses giving the finger toward the Hollingworth house and Mrs. Hutchins slapping her buttocks and bending over as Hollingworth and Gilligan passed in their car. Mrs. Hutchins said last week she was simply bending over.

Gilligan said Saturday he and Hollingworth were pleased by Rappa’s decision.

“I think it’s a vindication of me,” he told the New Hampshire Sunday News.

Hutchins said he plans to seek reconsideration of the decision this week. He said he and his wife have a right to water their property “which includes a portion of the road.” He also said Rappa was wrong to describe his wife as having hammered a nail into a tire.

“There was no puncturing of the tire,” he said.

In his ruling, Rappa found no direct evidence Gilligan had come onto the Hutchins’ property. He said Gilligan was within his rights to take pictures of Mrs. Hutchins since they were for a civil case. Videotaping the area also was within his rights since vehicles had been vandalized there. He also found no basis for Mrs. Hutchins’ claim she feared for her safety.

Both sides said they look forward to their next court date over access to the Gilligan-Hollingworth house. A hearing is scheduled in November.

“Ever since this thing started it’s been our wish that it be adjudicated by the court and not by aggressive actions,” said Gilligan.

“Our hope is to get all the parking issues resolved, one way or the other, and move on with our lives,” said Hutchins.

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Information from: New Hampshire Union Leader, http://www.theunionleader.com

AP-ES-10-09-05 1252EDT