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APPEAL OF CLEMENT

No. 83-080.

124 N.H. 503 (1984)

APPEAL OF JOSEPH CLEMENT d/b/a HENNIKER PHARMACY, INC. (New Hampshire Department of Public Works and Highways)

Supreme Court of New Hampshire.

February 16, 1984.

Attorney(s) appearing for the Case

Brown & Nixon P.A, of Manchester (Edward W. Stewart, Jr., on the brief and orally), for the plaintiff.

Gregory H. Smith, attorney general (Steven M. Houran, attorney, on the brief and orally), for the State.

DOUGLAS, J.

The plaintiff, Joseph Clement d/b/a Henniker Pharmacy, Inc., appeals the order of the associate highway commissioner, under RSA 541:6. After a hearing, the associate commissioner found that the plaintiff's billboard was a nuisance and ordered the plaintiff either to remove the billboard or to apply for a permit. We reverse.

The plaintiff has maintained a billboard, advertising his store, on Route 114 in Henniker, New Hampshire, since before 1970...

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