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CUTTER v. DURHAM

No. 5733.

109 N.H. 33 (1968)

ERNEST CUTTER, JR. & a. v. DURHAM.

Supreme Court of New Hampshire.

Decided April 30, 1968.

Attorney(s) appearing for the Case

Fisher, Parsons, Moran & Temple (Mr. Harold D. Moran orally), for the plaintiffs.

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

GRIMES, J.

Appeal under RSA 31:77 from the decision of the "legislative body" of the town of Durham which adopted an amendment to the town zoning ordinance changing an area in which the plaintiffs own property from Class A business and Residential I to Residential II. Hearing before a Judicial Referee (Blandin, Jr.), who ruled that the affirmative vote of three-quarters of the members present and voting was sufficient...

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