BATTCOCK v. TOWN OF RYE

No. 7224.

116 N.H. 167 (1976)

MARTIN G. BATTCOCK & a. v. TOWN OF RYE & a.

Supreme Court of New Hampshire.

March 31, 1976.


Attorney(s) appearing for the Case

Casassa, Mulherrin & Ryan (Mr. John J. Ryan orally) for the plaintiffs.

Taylor & Gray and Mr. William J. Hurley (Mr. Hurley orally) for the defendants.


GRIFFITH, J.

This is an appeal from the decision of the town of Rye building inspector and Board of Adjustment denying the plaintiffs a building permit. The Trial Court (Cann, J.) ruled upon an agreed statement of facts that the plaintiffs were entitled to a building permit under the provisions of section 13-B of the Rye zoning ordinance as a matter of law. To this order, the defendants seasonably objected, and all questions of law raised thereby were reserved...

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