GRATTON v. PELLEGRINO

No. 7014.

115 N.H. 619 (1975)

MICHAEL GRATTON & a. v. JOSEPH PELLEGRINO & a.

Supreme Court of New Hampshire.

November 28, 1975.


Attorney(s) appearing for the Case

McLane, Graf, Greene, Raulerson & Middleton (Mr. Arthur G. Greene orally) for the named plaintiff and the plaintiff Citizens Action Committee, Inc.

Soule & Leslie (Mr. Lewis F. Soule orally) for the named defendant and the town of Derry.


DUNCAN, J.

This is an appeal pursuant to RSA 31:77 from a decision of the board of adjustment for the town of Derry, granting a special exception, to permit the defendant Pellegrino to construct a house and operate a retail variety store therein in a residential zone. The Superior Court (Dunfey, J.) found that the operation of the proposed retail variety store would not be an "accessory use" as that term is used in...

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