ARSENAULT v. KEENE

No. 5078.

104 N.H. 356 (1962)

ULYSSE A. ARSENAULT & a. v. KEENE.

Supreme Court of New Hampshire.

Decided December 28, 1962.


Attorney(s) appearing for the Case

Howard B. Lane (by brief and orally), for the plaintiffs.

Thayer Fremont-Smith, city solicitor (by brief and orally), for the defendant.


KENISON, C. J.

The plaintiffs' justification for maintaining a four-apartment building in a general residence district, which is limited to two apartments, is that this use of their property is a nonconforming use which was legalized by the literal terms of the zoning ordinance of the city of Keene when it was amended and re-enacted subsequent to 1949. The plaintiffs' contention is stated in their brief in the following language: ". . . it was the intent of the City...

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