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STORMS v. TOWN OF EATON

No. 87-287.

131 N.H. 50 (1988)

RICHARD E. STORMS AND MADELYN STORMS v. TOWN OF EATON AND THE EATON ZONING BOARD OF ADJUSTMENT

Supreme Court of New Hampshire.

October 31, 1988.

Attorney(s) appearing for the Case

Shea, Mertens, Sager & Sager, of Wolfeboro (Richard D. Sager on the brief and orally), for the plaintiffs.

Shaines & McEachern P.A., of Portsmouth (John H. McEachern on the brief and orally), for the defendant.

MEMORANDUM OPINION

SOUTER, J.

The defendant town appeals from an order of the Superior Court (Manias, J.) enjoining it from seeking removal of a so-called snow deflector "as it currently exists" on the plaintiffs' land. We reverse.

In 1984 the plaintiffs sought a permit from the town selectmen to build a snow deflector, a roofed structure to be located in front of their garage where quantities of snow accumulated. In their petition they agreed...

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