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SMALL v. ZONING BD. OF ADJ., TOWN OF NEWBURY

No. 80-282.

121 N.H. 226 (1981)

LARRY J. SMALL v. THE ZONING BOARD OF ADJUSTMENT AND THE BOARD OF SELECTMEN OF THE TOWN OF NEWBURY.

Supreme Court of New Hampshire.

March 16, 1981.

Attorney(s) appearing for the Case

Donald A. Ingram, of Hanover, by brief and orally, for the plaintiff.

Upton, Sanders & Smith, of Concord (J. Gilbert Upton on the brief and orally), for the defendants.

BOIS, J.

This is an appeal from the granting of the defendants' motion to dismiss by the superior court. On May 31, 1980, the Master (Linda Stewart Dalianis, Esq.) recommended that plaintiff's appeal from a decision of the Newbury Board of Adjustment be dismissed without prejudice because it was premature. The Superior Court (DiClerico, J.) approved the recommendation and entered an order in accordance therewith on June 6, 1980. We affirm.

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