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JOHNSTON v. TOWN OF EXETER

Nos. 81-019, 81-024.

121 N.H. 938 (1981)

GORDON JOHNSTON & a. v. TOWN OF EXETER & a.

Supreme Court of New Hampshire.

October 30, 1981.

Attorney(s) appearing for the Case

Brown & Randlett, of Exeter (G. Page Brown, Jr., on the brief and orally), for the plaintiffs.

Shute, Engel & Morse P.A., of Exeter (David C. Engel on the brief and orally), for the Town of Exeter.

Casassa, Mulherrin & Ryan, of Hampton (H. Alfred Casassa and Peter J. Saari on the brief, and Mr. Saari orally), for the defendant-intervenor, Linden Fields Company.

KING, C.J.

The issues presented in this case are the following: (1) whether the Trial Court (Wyman, J.) erred in denying the right of the plaintiffs, abutters of the proposed construction, to have the trial judge order the production of a certified record of the board of adjustment's proceeding and in refusing to grant the plaintiffs a separate hearing on issues raised in their petition; (2) whether a determination that one portion of Exeter Zoning Ordinance...

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