J.E.D. ASSOC'S, INC. v. TOWN OF ATKINSON

No. 80-361.

121 N.H. 581 (1981)

J.E.D. ASSOCIATES, INC. v. TOWN OF ATKINSON

Supreme Court of New Hampshire.

June 26, 1981.


Attorney(s) appearing for the Case

Decker, Fitzgerald & Sessler, of Laconia (David R. Decker on the brief and orally), for the plaintiff.

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


GRIMES, C.J.

The issues in this appeal are whether section IV, paragraph H of the Atkinson zoning ordinance (regulation H), which requires every subdeveloper to deed to the town seven and one-half percent of the total acreage of its proposed subdivision as a condition of subdivision approval, is constitutional and whether the Atkinson Planning Board's requirement that the plaintiff subdeveloper bear the cost of removing a sight-obstructing off-site ledge is reasonable...

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