CUTTER v. TOWN OF DURHAM

No. 79-224.

120 N.H. 110 (1980)

ERNEST CUTTER, JR. v. TOWN OF DURHAM

Supreme Court of New Hampshire.

February 14, 1980.


Attorney(s) appearing for the Case

Fisher, Parsons & Moran, of Dover (Stephen A. White orally), for the plaintiff.

Taylor & Gray, of Portsmouth (Douglas R. Gray orally), for the defendant.


GRIMES, C.J.

The question in this case is whether the town of Durham is collaterally estopped from litigating the issue of its authority, under RSA 36:19-a, to require site plan approval before the plaintiff changes the internal use of his property from one permitted use to another. We hold that the town is estopped.

The facts of this case are undisputed. The plaintiff owns property located on Main Street in the town of Durham, in a zone classified for business...

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