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WELCH v. NASHUA

No. 5578.

108 N.H. 92 (1967)

WILLIAM A. WELCH & a. v. NASHUA & a.

Supreme Court of New Hampshire.

Decided March 29, 1967.

Attorney(s) appearing for the Case

Harkaway, Barry & Gall (Mr. Joseph F. Gall orally), for the plaintiffs.

Leo R. Lesieur, city solicitor, for the defendant city of Nashua, filed no brief.

Hamblett, Kerrigan & Hamblett (Mr. Joseph M. Kerrigan orally), for the defendants Michael Wollen and Emma L. Somers.

KENISON, C.J.

The appeal in this case is predicated principally on the argument that the holder of an option to purchase is not a person entitled to a variance based on unnecessary hardship to the owner as provided by s. 45, A(6) of the Nashua zoning ordinance. RSA 31:72 III; Conery v. Nashua, 103 N.H. 16, 21. The lack of standing of an option holder in the Conery case was not applied to applicants for an...

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