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BOARD OF SELECTMEN v. PLANNING BD.

No. 78-022.

118 N.H. 150 (1978)

THE BOARD OF SELECTMEN OF THE TOWN OF MERRIMACK v. THE PLANNING BOARD OF THE TOWN OF MERRIMACK

Supreme Court of New Hampshire.

March 10, 1978.

Attorney(s) appearing for the Case

Bossie & Kelly, of Manchester (Robert F. Bossie orally), for the plaintiffs.

Hanrahan & Flynn, of Manchester (Gregory E. Michael orally), for the defendants.

Daniel D. Crean, of Concord, by brief and orally, for amicus curiae New Hampshire Municipal Association.

PER CURIAM.

In this case we are asked to resolve the ostensible conflict between RSA 31:63-a (Supp. 1975) and RSA 31:63-b with RSA 36:8 (Supp. 1975), as amended, Act of July 15, 1977, ch. 532:1 [1977] N.H. Laws 674 [hereinafter RSA 36:8]. The Presiding Justice, Flynn, J., reserved and transferred four questions:

A. Whether the provisions of R.S.A. 36:8, as amended, preclude a planning board from accepting petitions for zoning amendments after...

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