SAVAGE v. TOWN OF RYE

No. 79-308.

120 N.H. 409 (1980)

JOHN W. SAVAGE & a. v. TOWN OF RYE

Supreme Court of New Hampshire.

June 12, 1980.


Attorney(s) appearing for the Case

Upton, Sanders & Smith, of Concord (Gary B. Richardson orally), for the plaintiffs.

Peter J. Loughlin, of Portsmouth, by brief and orally, for the defendant.


BROCK, J.

This is a petition for declaratory judgment and a petition for mandamus arising out of the alleged failure of the Rye Planning Board to approve or disapprove the plaintiffs' subdivision application within ninety days of the plaintiffs' application. RSA 36:23 (Supp. 1979). The Superior Court (Mullavey, J.) found for the defendant town of Rye, and the plaintiffs then filed a notice of appeal in this court. We reverse.

On August 29, 1978, the...

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