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TOWN OF DERRY v. SIMONSEN

No. 7800.

117 N.H. 1010 (1977)

TOWN OF DERRY v. EDWIN C. SIMONSEN.

Supreme Court of New Hampshire.

December 16, 1977.

Attorney(s) appearing for the Case

Tefft & Thayer Professional Association, of Manchester (Mr. Stanton E. Tefft orally), for the defendant.

Soule, Leslie & Bronstein, of Salem (Mr. Gerald M. Zelin orally), for the plaintiff.

FLYNN, J.

(By assignment under RSA 490:3). In this equity suit, the town of Derry seeks to have the defendant, Edwin C. Simonsen, enjoined from operating a commercial campground and recreation area in a district which is zoned under the town's ordinance for residential use. The defendant, in his cross-petition, requested the superior court to grant him a variance, or, in the alternative, order the zoning board of adjustment to grant his request for a hearing. The...

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