JAFFREY v. HEFFERNAN

No. 5055.

104 N.H. 249 (1962)

JAFFREY v. MICHAEL A. HEFFERNAN & a.

Supreme Court of New Hampshire.

Decided July 16, 1962.


Attorney(s) appearing for the Case

William D. Tribble (by brief and orally), for the town of Jaffrey.

Maurice M. Blodgett (by brief and orally), for Michael A., John Timothy and David Wright Heffernan.

Kenneth A. Brighton for amici curiae.


BLANDIN, J.

The main issue raised by the pleadings is whether the ordinance in question is valid. The parties have agreed upon the following material facts:

"3. That the Town of Jaffrey at its annual Town Meeting held on March 8th, 1960, pursuant to a warrant duly published, enacted the following ordinance:

"Every dwelling house, residence or accessory building hereafter erected in the town shall have a minimum set back of thirty feet from any public...

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