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CESERE v. TOWN OF WINDHAM

No. 80-331.

121 N.H. 522 (1981)

JOHN CESERE & a. v. TOWN OF WINDHAM

Supreme Court of New Hampshire.

June 12, 1981.

Attorney(s) appearing for the Case

Sumner F. Kalman, of Plaistow, by brief and orally, for the plaintiffs.

Romprey, Beaumont & Mason P.A., of Salem (Urville J. Beaumont on the brief), by brief for the defendant.

Sanders & McDermott P.A., of Hampton (Wilfred L. Sanders, Jr., and Ann C. Thompson on the brief and J. Joseph McKittrick orally), for the intervenor, Equity Property Associates II.

PER CURIAM.

The question we decide in this appeal is whether an amendment to the Town of Windham's zoning ordinance, which was adopted several months after intervenor Equity Property Associates II had begun negotiating with the Windham Planning Board regarding site approval for a condominium project that is prohibited by the amended ordinance, bars the planning board from granting site development approval for the project. We hold that it does.

The intervenor...

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