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NORTHERN N.H. MENTAL HEALTH HOUSING, INC. v. TOWN OF CONWAY

No. 81-026

121 N.H. 811 (1981)

NORTHERN NEW HAMPSHIRE MENTAL HEALTH HOUSING, INC. v. TOWN OF CONWAY & a.

Supreme Court of New Hampshire.

September 16, 1981

Attorney(s) appearing for the Case

Dickson, Fauver Cooper, of North Conway (Robert B. Dickson & a. on the brief and Randall F. Cooper orally), for the plaintiff.

Hastings & Son P.A., of Fryeburg, Maine (Peter G. Hastings on the brief and orally), for the defendants.

William D. Paine, II, of North Conway (William D. Paine, II, & a. on the brief and Mr. Paine orally), for the intervenors Bernard Hunter and William D. Paine, II.

Gregory H. Smith, attorney general (Anne R. Clarke & a., assistant attorneys general, on the brief and Ms. Clarke orally), for the State as amicus curiae.

PER CURIAM.

Recently, this court held that RSA ch. 171-A's "scheme of placing developmentally-impaired persons in various locations throughout the State carries out a State policy that cannot be frustrated by local zoning restrictions." Region 10 Client Mgt., Inc. v. Town of Hampstead, 120 N.H. 885, 888, 424 A.2d 207, 209 (1980). In this case, we are asked whether that decision controls the attempted location of a community living...

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