PERRON v. CONCORD

No. 4681.

102 N.H. 32 (1959)

LEO PERRON v. CONCORD.

Supreme Court of New Hampshire.

Decided April 7, 1959.


Attorney(s) appearing for the Case

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

Daniel E. Donovan, Jr., city solicitor (by brief and orally), for the defendant.

Richard F. Upton for the motion.


DUNCAN, J.

The statute provides that upon appeal all questions of fact determined by the board of adjustment shall be deemed to be prima facie lawful and reasonable, but permits the board's decision to be set aside or vacated for errors of law, or when the court is "persuaded by the balance of probabilities, on the evidence before it, that said . . . decision is unjust or unreasonable." RSA 31:78. Gelinas v. Portsmouth...

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