SURRY v. STARKEY

No. 6982.

115 N.H. 31 (1975)

TOWN OF SURRY v. ROGER M. STARKEY AND MADOLYN A. STARKEY

Supreme Court of New Hampshire.

January 31, 1975.


Attorney(s) appearing for the Case

Bradley & Talbot (Mr. Homer S. Bradley, Jr., orally) for the plaintiff.

Olson & Mahon (Mr. Arthur Olson, Jr., orally) for the defendants.


KENISON, C.J.

In this equity action the town of Surry seeks to enjoin defendants from excavating gravel on their land in violation of the applicable zoning ordinance. Defendants purchased twenty-four acres in 1964 with the primary intention of exploiting the various grades of gravel which it contained. Since 1964 they have removed gravel from the land with the result that about six or seven acres are devoted exclusively to gravel removal at the present time. Defendant...

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