OUIMETTE v. CITY OF SOMERSWORTH

No. 78-232.

119 N.H. 292 (1979)

EDWARD OUIMETTE v. CITY OF SOMERSWORTH AND AGWAY PETROLEUM CORP.

Supreme Court of New Hampshire.

May 9, 1979.


Attorney(s) appearing for the Case

Michael & Jones, of Rochester (Danford J. Wensley orally), for the plaintiff.

Keefe, Dunnington & Cappiello, of Dover (Thomas F. Dunnington orally), for the city of Somersworth.

Coolidge, Cullinane & Cullinane, of Somersworth (Clyde R. Coolidge orally), for the Agway Petroleum Corp.


DOUGLAS, J.

The plaintiff appeals from a decree granting a variance from a Somersworth municipal zoning ordinance. The issue raised on appeal is the authority of the local zoning board to grant a variance when the only hardship alleged results from the special needs of an option holder of the property as opposed to special characteristics of the property.

The defendant Agway Petroleum Corp. (Agway) is an option holder on a parcel of land zoned business district...

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