ALCORN v. ROCHESTER ZONING BD. OF ADJUSTMENT

No. 6889.

114 N.H. 491 (1974)

ANTHONY ALCORN & a. v. ROCHESTER ZONING BOARD OF ADJUSTMENT & a.

Supreme Court of New Hampshire.

July 19, 1974.


Attorney(s) appearing for the Case

McManus & Johnson (Mr. Anthony A. McManus orally) for the plaintiffs.

Mr. Joseph P. Nadeau, by brief and orally, for the defendants.


KENISON, C.J.

The key issue in this case is whether the trial court abused its discretion in finding that the Rochester Zoning Board of Adjustment denied the plaintiffs' request for a variance on the merits and not for lack of jurisdiction. The plaintiffs filed an appeal from the defendant board's denial of its petition. After a hearing before Mullavey, J., the appeal was denied. All questions of law raised by these proceedings were reserved and transferred...

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