SHORT v. TOWN OF RYE

No. 80-387

121 N.H. 415 (1981)

EUGENE N. SHORT & a. v. TOWN OF RYE & a.

Supreme Court of New Hampshire.

May 11, 1981.


Attorney(s) appearing for the Case

Boynton, Waldron, Dill, Aeschliman, Doleac & Woodman, of Portsmouth (Wyman P. Boynton on the brief), by brief for the plaintiffs.

Tetler & Holmes, of Hampton (Gary W. Holmes on the brief), by brief for the Town of Rye.

Griffin, Harrington, Brigham, Ritzo, Scott & Swenson P.A., of Portsmouth (Charles A. Griffin on the brief), by brief for the individual defendants, Doris M. Moody, Joseph R. Pirkl and Mary C. Pirkl.


PER CURIAM.

This case involves a petition for declaratory judgment, seeking a determination that a certain way has been dedicated as a public street. The issue on appeal is whether the trial court was correct in dismissing the petition on the ground that it presented an issue which should have been raised as an appeal from a decision of the Rye Planning Board disapproving the plaintiffs' subdivision plan because the board...

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