HAMBLETT v. NASHUA

No. 4788.

102 N.H. 318 (1959)

CHARLES K. HAMBLETT & a. v. NASHUA & a.

Supreme Court of New Hampshire.

Decided December 1, 1959.


Attorney(s) appearing for the Case

Hamblett, Kerrigan & Hamblett (Mr. Kerrigan orally), for the plaintiffs.

Morris D. Stein (by brief and orally), for the defendants Carlo and Maria Sottile.

Leo R. Lesieur, city solicitor, furnished no brief.


WHEELER, J.

The scope of review on appeal to the Superior Court in zoning cases is governed by RSA 31:78. "[This] 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...

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