TOWN OF RYE v. MCMAHON

No. 7634.

117 N.H. 857 (1977)

TOWN OF RYE v. JOHN A. MCMAHON.

Supreme Court of New Hampshire.

October 31, 1977.


Attorney(s) appearing for the Case

Tetler & Holmes, of Hampton (Mr. Gary W. Holmes orally), for the plaintiff.

Shute, Engel and Frasier, of Exeter (Mr. David C. Engel orally), for the defendant.


DOUGLAS, J.

This case, as it was briefed and argued before us, presented questions concerning the power of a town board of adjustment to grant a variance from a municipal zoning ordinance that would authorize a use specifically prohibited throughout the town and the extent to which the town would then be estopped to enjoin the use after the variance had been implemented. However, careful scrutiny of the record below indicates that the requisite factual predicate to...

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