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CITY OF PORTSMOUTH v. JOHN T. CLARK & SON, INC.

No. 7828.

117 N.H. 797 (1977)

CITY OF PORTSMOUTH v. JOHN T. CLARK AND SON OF NEW HAMPSHIRE, INC. STATE OF NEW HAMPSHIRE PORT AUTHORITY.

Supreme Court of New Hampshire.

October 17, 1977.

Attorney(s) appearing for the Case

Peter J. Loughlin, of Portsmouth, by brief and orally, for the plaintiff.

Sanders & McDermott, of Hampton (Mr. Wilfred L. Sanders, Jr. orally), for the defendant John T. Clark and Son of New Hampshire, Inc.

David H. Souter, attorney general, and Deborah J. Cooper, attorney (Ms. Cooper orally), for the New Hampshire Port Authority.

GRIMES, J.

The main issue in this case is whether certain land in Portsmouth, owned by the state and leased to the defendant Clark & Son, is subject to zoning regulation of the city of Portsmouth. We hold that it is not.

The New Hampshire State Port Authority is an agency of the state government created by RSA ch. 271-A. It is authorized by RSA 271-A:3 (IV) (Supp. 1975) to "contract with and secure the services...

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