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ACKLEY v. NASHUA

No. 4825.

102 N.H. 551 (1960)

EUGENE R. ACKLEY & a. v. NASHUA & a.

Supreme Court of New Hampshire.

Decided July 19, 1960.

Attorney(s) appearing for the Case

Clancy & O'Neill (Mr. O'Neill orally), for the plaintiffs.

Leo R. Lesieur for the defendant city of Nashua.

Harkaway & Ryan (Mr. Ryan orally), for the defendant George J. Pappademas.

KENISON, C. J.

We first consider the following question transferred without ruling: "Does said Article IX, Section 45-A (5) [of the zoning ordinance of the city of Nashua] include in its meaning of the words `variance' and `use variance' an extension of an existing non-conforming use as applied for in this case?" That provision of the zoning ordinance reads as follows: "Any application for a variance in the use of land or...

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