TOWN OF MERRIMACK v. SPADE

No. 79-392.

120 N.H. 922 (1980)

TOWN OF MERRIMACK v. RALPH R. SPADE

Supreme Court of New Hampshire.

December 31, 1980.


Attorney(s) appearing for the Case

Bossie, Kelly & Hodes, of Manchester (Jay L. Hodes orally), for the plaintiff.

Gottesman & Hollis, of Nashua (Morgan A. Hollis orally), for the defendant.


GRIMES, C.J.

The issue in this zoning case is whether the trial court erred in ruling that the defendant was not entitled to damages on an injunction bond. We hold that the court erred.

In August 1977, the defendant, Ralph R. Spade, purchased from Frank Robbins the property in question, located in a residential district. At that time, Robbins had been operating an antique shop and an automobile repair and body shop...

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