DIVERSIFIED PROP'S v. HOPKINTON PLANNING BD.

No. 83-513.

125 N.H. 419 (1984)

DIVERSIFIED PROPERTIES, INC. v. TOWN OF HOPKINTON PLANNING BOARD.

Supreme Court of New Hampshire.

August 10, 1984.


Attorney(s) appearing for the Case

McSwiney, Jones & Semple, of Concord (Paul C. Semple and Elaine L. Clark on the brief, and Mr. Semple orally), for the plaintiff.

Upton, Sanders & Smith, of Concord (Russell F. Hilliard on the brief, and Gary B. Richardson orally), for the defendant.


BROCK, J.

In February 1983, the plaintiff, Diversified Properties, Inc., applied to the Town of Hopkinton Planning Board for approval of a twenty-lot subdivision to be located on a 65.66-acre tract in Hopkinton. The tract has a point of access on Hopkinton Road which, at that point, is also State Routes 202, 9 and 103. The planning board denied the plaintiff's application on the ground that "the proposed access is an unsafe situation."

The plaintiff petitioned...

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