WIN-TASCH CORP. v. TOWN OF MERRIMACK

No. 79-123

120 N.H. 6 (1980)

WIN-TASCH CORPORATION v. TOWN OF MERRIMACK

Supreme Court of New Hampshire.

January 24, 1980


Attorney(s) appearing for the Case

Wadleigh, Starr, Peters, Dunn & Kohls, of Manchester (Eugene M. Van Loan, III, orally), for the plaintiff.

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


PER CURIAM.

The question in this case is whether we should uphold a superior court order vacating the Merrimack Zoning Board of Adjustment's denial of the plaintiff's right to build houses on its property.

On November 10, 1964, the town of Merrimack adopted a zoning ordinance setting 15,000 square feet as the minimum lot size for single-family, residential housing. The measure contained the following grandfather clause:

Notwithstanding the minimum...

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