BURROWS v. CITY OF KEENE

No. 80-419.

121 N.H. 590 (1981)

JOHN P. BURROWS & a. v. CITY OF KEENE

Supreme Court of New Hampshire.

June 26, 1981.


Attorney(s) appearing for the Case

Lewis A. McMahon, of Keene, and Cristiano, Kromphold & Green, of Keene (Mr. McMahon and Eric J. Kromphold, Jr., on the brief and Mr. Kromphold orally), for the plaintiffs.

Charles H. Morang, city attorney, by brief and orally, for the defendant.


GRIMES, C.J.

The issue in this case is whether an amendment to the Keene zoning ordinance, which had the effect of including a substantial part of the plaintiffs' land in a conservation district, resulted in a taking of the plaintiffs' property entitling them to damages for inverse condemnation. We hold that it did.

On October 15, 1973, the plaintiffs, John P. Burrows and George Whitham, purchased approximately 124 acres of undeveloped woodland on the southern...

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