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FISHER v. TOWN OF BOSCAWEN

No. 80-157.

121 N.H. 438 (1981)

RICHARD FISHER v. TOWN OF BOSCAWEN.

Supreme Court of New Hampshire.

June 10, 1981.

Attorney(s) appearing for the Case

Charles E. Dibble, of Contoocook, by brief and orally, for the plaintiff.

Upton, Sanders & Smith, of Concord (Robert Upton, II, on the brief and orally), for the defendant.

KING, J.

The issue in this case is whether a zoning board of adjustment that denies an application for a special exception based upon its interpretation of the relevant law may, upon rehearing, adopt a different interpretation of the law and proceed to consider the application on its merits notwithstanding the applicant's attempt to restrict the board to a reconsideration of the law. We hold that it may.

On June 7...

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