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SOARES v. TOWN OF ATKINSON

No. 84-589

129 N.H. 313 (1987)

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

Supreme Court of New Hampshire.

May 28, 1987

Attorney(s) appearing for the Case

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

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

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

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

JOHNSON, J.

This case involves a challenge to the constitutionality of the Atkinson land use ordinances, which allegedly were exclusionary. The Superior Court (Gray, J.) approved a report of the Master (R. Peter Shapiro, Esq.) finding that the ordinances were unconstitutional and ordering the town to revise them appropriately. On appeal, after briefing and oral argument, we remanded the case for the limited purpose of having the master rule on whether...

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