SMITH v. NUTTER

No. 6294.

113 N.H. 58 (1973)

WILLIAM N. SMITH & a. v. HAROLD R. NUTTER & a. AND TOWN OF SALEM & a.

Supreme Court of New Hampshire.

February 28, 1973.


Attorney(s) appearing for the Case

Shaw & Eldredge (Mr. Carleton Eldredge orally) for the plaintiffs.

McLane, Carleton, Graf, Greene & Brown and Charles A. DeGrandpre (Mr. DeGrandpre orally) for the defendants Nutter.

Sayer & Giordano (Mr. James A. Sayer, Jr., orally) for the intervenor Lou Smith Trailer Haven, Inc.


GRIMES, J.

The issue before this court is whether the superior court erred in remanding to the Board of Adjustment of the Town of Salem the question whether the construction of a trailer park by the defendants Nutter is in violation of the Salem zoning ordinance. We hold that the remand was proper.

In 1953, under a zoning ordinance then in effect, defendants Nutter applied for and obtained a permit to construct a barn...

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