METZGER v. BRENTWOOD

No. 7108.

115 N.H. 287 (1975)

JAMES M. METZGER & a. v. TOWN OF BRENTWOOD.

Supreme Court of New Hampshire.

May 30, 1975.


Attorney(s) appearing for the Case

Perkins, Holland, Donovan & Beckett and Arthur C. Randlett (Mr. Randlett orally) for the plaintiffs.

Shute, Engel & Frasier and Robert L. Steuk (Mr. Steuk orally) for the defendant.


KENISON, C.J.

The two questions to be decided in this case are whether the trial court erred in denying defendant's motion to dismiss alleging that plaintiffs failed to petition the zoning board of adjustment for a rehearing prior to appealing to the superior court and whether a town road closed subject to gates and bars is a "public right of way" as that term is used in the town of Brentwood zoning ordinance so as to require the town to issue a building permit for...

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