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VLAHOS REALTY CO. v. LITTLE BOAR'S HEAD DISTRICT

No. 4686.

101 N.H. 460 (1958)

VLAHOS REALTY COMPANY, INC. v. LITTLE BOAR'S HEAD DISTRICT & a.

Supreme Court of New Hampshire.

Decided November 28, 1958.

Attorney(s) appearing for the Case

Boynton, Waldron & Dill (Mr. Boynton orally), for the plaintiff.

William P. Fowler and Edward R. Hale and Neil L. Lynch (of Massachusetts) (Mr. Fowler orally), for the defendants.

Upton, Sanders & Upton (Mr. Richard F. Upton orally), for the intervenors.

KENISON, C. J.

In this declaratory judgment proceeding (RSA 491:22) the plaintiff seeks to ascertain the validity of a conditional variance applicable to its premises which is subject to a one-year nontransferable permit issuable to it or its lessee and renewable if the owner or lessee complies with all the conditions of the permit. The validity of such conditional variance, coupled with an annual permit, is a matter of first impression in this jurisdiction. Cf...

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