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ALTON v. FISHER

No. 6812.

114 N.H. 359 (1974)

TOWN OF ALTON v. ALBERT V. FISHER III & a. LOCKE DEVELOPMENT CORPORATION & a. v. ALBERT V. FISHER III & a.

Supreme Court of New Hampshire.

May 31, 1974.

Attorney(s) appearing for the Case

Orr & Reno, Richard B. Couser and Neil F. Castaldo (Mr. Couser orally) for Locke Development Corporation.

Fisher, Parsons, Moran & Temple and Robert E. Fisher (Mr. Fisher orally) for Albert V. Fisher III, town moderator.

McLane, Graf, Greene & Brown for the town of Alton, filed no brief.

Nighswander, Lord, Martin & KillKelley for Eleanor D. Horne, town clerk, filed no brief.

GRIMES, J.

The central issue on appeal is whether proposed amendments to the Alton zoning ordinance to increase the minimum lot size and lot frontage required a two-thirds majority vote pursuant to RSA 31:64. Two separate actions questioned the validity of the amendments which passed by a simple majority and which were proclaimed validly enacted by the moderator of the town meeting. On May 7, 1973, the town, naming the moderator and Locke Development Corporation ...

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