HANCOCK v. CONCORD

No. 6705.

114 N.H. 404 (1974)

G. STUART HANCOCK v. CITY OF CONCORD. NOEL L. GROSSMAN v. CITY OF CONCORD.

Supreme Court of New Hampshire.

June 28, 1974.


Attorney(s) appearing for the Case

Upton, Sanders & Upton and J. Gilbert Upton (Mr. John F. Teague orally) for the New Hampshire Civil Liberties Union, G. Stuart Hancock, and Noel L. Grossman.

Paul F. Cavanaugh, city solicitor, by brief and orally, for the city of Concord.


GRIFFITH, J.

The sole issue to be decided is whether nonabutters have a right to be heard at a hearing before the Concord Planning Board concerning an application for subdivision under RSA 36:23. On May 1, 1972, the planning board approved subdivision of a 2.7-acre tract owned by Edward J. Sylvia, Jr. Plaintiffs sought and were granted certiorari by the superior court pursuant to RSA 36:34. Upon submission of the case on an agreed statement of facts, the trial court...

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