TOWN OF DURHAM v. CUTTER

No. 80-144.

121 N.H. 243 (1981)

TOWN OF DURHAM v. ERNEST CUTTER, JR. & a.

Supreme Court of New Hampshire.

April 3, 1981.


Attorney(s) appearing for the Case

Barrett & McNeill P.A., of Durham (John T. Barrett on the brief and orally), for the plaintiff.

Fisher, Parsons & Moran, of Dover (Stephen A. White on the brief and orally), for the defendants.


DOUGLAS, J.

This case involves a protracted dispute between the parties over the defendant Ernest Cutter's construction of a commercial parking lot on an undeveloped piece of land in a rural zone in Durham. In July of 1976, Cutter filled and leveled an area on his property large enough to park ten or more vehicles and began using it as a storage and parking area for commercial trucks and trailers and farm vehicles. In November, the board of selectmen informed Cutter...

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