McGRATH v. MANCHESTER

No. 6566

113 N.H. 355 (1973)

FREDERICK F. MCGRATH & a. v. CITY OF MANCHESTER & a.

Supreme Court of New Hampshire.

June 29, 1973


Attorney(s) appearing for the Case

Emile R. Bussiere and Kenneth R. McHugh (Mr. McHugh orally) for the plaintiffs.

J. Francis Roche, city solicitor, by brief and orally for the defendant city.

Frederic T. Greenhalge for the defendant R. C. Foss & Son, Inc., filed no brief.


DUNCAN, J.

The plaintiffs, as residents of a single family zone in Manchester, seek to enjoin the city from constructing on city land within the zone and in the vicinity of the Derryfield golf course a garage for the storage of trucks and tractors of the city parks and recreation department, and for the repair and maintenance of vehicles of its fire department. There was evidence that alternative sites were not available and that appropriate screening would be provided...

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