TOWN OF BETHLEHEM v. TUCKER

No. 79-125.

119 N.H. 927 (1979)

TOWN OF BETHLEHEM v. GEORGE E. TUCKER, III, & a.

Supreme Court of New Hampshire.

December 28, 1979.


Attorney(s) appearing for the Case

Moulton, Smith & Samaha, of Littleton (Peter W. Smith orally), for the plaintiff.

Thomas M. Pancoast, by brief and orally, for defendants Martin Tirrell and Diane Tirrell.


PER CURIAM.

This case comes before us on an agreed statement of facts and raises the question whether a successful applicant for a zoning variance is entitled to notice of an abutter's appeal to the superior court that ultimately results in a court order vacating the variance and requiring the applicant to restore the land to its original condition. We hold that notice is required.

On May 6, 1976, defendants Martin...

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