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DEERING v. TIBBETTS

No. 5242.

105 N.H. 481 (1964)

TOWN OF DEERING, ex rel WILLIAM B. BITTENBENDER v. EARL TIBBETTS.

Supreme Court of New Hampshire.

Decided July 17, 1964.

Attorney(s) appearing for the Case

Tiffany & Osborne (Mr. Gordon M. Tiffany orally), for the plaintiff town.

Nelson, Winer & Lynch and Douglas S. Hatfield (Mr. Hatfield orally), for the plaintiff Bittenbender.

Cleveland, Waters & Bass (Mr. Warren E. Waters orally), for The Deering Community Church, amicus curiae.

Louis P. Faustini (by brief and orally), for the defendant Tibbetts.

DUNCAN, J.

The agreed statement of facts establishes that the structure which the defendant Tibbetts proposes to erect will be situated within one-fourth mile of Deering common and "is in violation of the ordinance as adopted . . . in that approval of the selectmen has not been obtained." Proper procedures were followed in the adoption of the ordinance and in mid-August 1963 the defendant's application for permission to erect a "pre-built home" on the lot in question...

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