McKINNEY v. RILEY

No. 5180.

105 N.H. 249 (1964)

CHESTER J. McKINNEY v. RICHARD RILEY & a.

Supreme Court of New Hampshire.

Decided January 31, 1964.


Attorney(s) appearing for the Case

John B. Ford (by brief and orally), for the plaintiff.

Robert Shaw (by brief and orally), for defendant Richard Riley.

Boynton, Waldron & Dill (Mr. Wyman P. Boynton orally), for defendant town of Plaistow.


WHEELER, J.

Defendant Riley's counsel advances two claims here (1) that the operation of his automobile junk yard is not in violation of the Plaistow zoning ordinances as amended in 1956 prohibiting such operations since he was operating a nonconforming use in 1955, and (2) that if the ordinance is effective as against defendant Riley's operations it was not properly adopted in accordance with the provisions of RSA 31:63.

Counsel for defendant Riley concedes...

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