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SHELL OIL CO. v. MANCHESTER

No. 4576.

101 N.H. 76 (1957)

SHELL OIL COMPANY v. MANCHESTER.

Supreme Court of New Hampshire.

Decided June 20, 1957.

Attorney(s) appearing for the Case

Broderick, Manning & Sullivan (Mr. Manning orally), for the plaintiff.

J. Francis Roche, city solicitor (by brief and orally), for the defendant.

BLANDIN, J.

The issues before us are first, whether s. 14(5) of the zoning ordinance of the city of Manchester creates an exception or a variance, and secondly, if it creates an exception is the plaintiff "automatically entitled to a permit on compliance with the requirements set forth therein . . .?" The Trial Court has ruled that s. 14(5) "sets up a special exception." Both parties urge that this ruling be...

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