HENRY AND MURPHY, INC. v. TOWN OF ALLENSTOWN

No. 80-133.

120 N.H. 910 (1980)

HENRY AND MURPHY, INC. v. TOWN OF ALLENSTOWN

Supreme Court of New Hampshire.

December 29, 1980.


Attorney(s) appearing for the Case

Sheehan, Phinney, Bass & Green, of Manchester (Daniel W. Sklar orally), for the plaintiff.

Soule, Leslie, Bronstein & Zelin, of Salem (Gerald M. Zelin orally), for the defendant.


GRIMES, C.J.

This appeal arises out of a petition for declaratory judgment (RSA 491:22) to determine whether the plaintiff developer, Henry and Murphy, Inc., has gained such vested rights in its subdivision that it need not comply with the defendant Town of Allenstown's current zoning ordinance as to lot size. We hold that it has.

In 1966, the plaintiff purchased a tract of land located in Allenstown with the intention of subdividing and developing it as a...

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