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WEBB v. RYE

No. 5551.

108 N.H. 147 (1967)

RAY C. WEBB & a. v. RYE.

Supreme Court of New Hampshire.

Decided May 23, 1967.

Attorney(s) appearing for the Case

Calderwood, Silverman & Ouellette (Mr. Raymond R. Ouellette orally), for the plaintiffs.

Boynton, Waldron and Dill (Mr. Richard E. Dill orally), for the defendant.

LAMPRON, J.

The town acquired, in 1938, a three-acre tract of land near Washington and Grove Roads in West Rye which it used continuously as an open dump for the disposal of refuse and garbage until August 1964 when a cone or tepee incinerator was installed thereon and used thereafter for that purpose. This parcel is now zoned single residence under the town ordinance (adopted in 1953 and revised November 1959) but has continued to be used as a dump because of its...

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