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SOARES v. TOWN OF ATKINSON

No. 84-589.

128 N.H. 350 (1986)

CAROL SOARES & a. AND LEWIS BUILDERS, INC. v. TOWN OF ATKINSON

Supreme Court of New Hampshire.

July 29, 1986.

Attorney(s) appearing for the Case

New Hampshire Legal Assistance, of Manchester (Elliott Berry on the brief and orally), for the plaintiffs Carol Soares and Doris Gagne.

Craig & Wenners P.A., of Manchester (William Craig on the brief), and Elliott Berry of New Hampshire Legal Assistance, orally, for plaintiff Joanne Chaput.

Fryer, Boutin, Warhall & Solomon P.A., of Londonderry (Robert H. Fryer and Carol A. Rolf on the brief, and Ms. Rolf orally), for the plaintiff Lewis Builders, Inc.

Wiggin & Nourie, of Manchester (Gregory A. Holmes on the brief and orally), for the defendant.

MEMORANDUM OPINION

This appeal is from a decision by the Trial Court (Gray, J.) approving a lengthy report by a Master (R. Peter Shapiro, Esq.) which held that the town of Atkinson's zoning ordinances were exclusionary, thus violative of the plaintiffs' constitutional rights. We remand.

In 1977, the town of Atkinson, a small, rural community in southern New Hampshire, bordering Lawrence and Haverhill...

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