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TOWN OF AUBURN v. McEVOY

No. 88-015.

131 N.H. 383 (1988)

TOWN OF AUBURN v. LUCY E. McEVOY & a.

Supreme Court of New Hampshire.

December 30, 1988.

Attorney(s) appearing for the Case

Wadleigh, Starr, Peters, Dunn & Chiesa, of Manchester (Eugene M. Van Loan, III, on the brief, and Dean B. Eggert orally), for the plaintiff.

Casassa & Ryan, of Hampton (John J. Ryan on the brief and orally), for the defendants, Lucy E. McEvoy and Sagharbor Development, Inc.

SOUTER, J.

The defendants appeal from a declaratory judgment of the Superior Court (R. Peter Shapiro, Esq., Master; Mangones, J.) denying their entitlement to the return of a subdivision lot, conveyed to the plaintiff in 1979 to comply with an ordinance of the sort later held unconstitutional in J.E.D. Associates, Inc. v. Town of Atkinson, 121 N.H. 581, 432 A.2d 12 (1981). We affirm.

In March 1979, the defendant...

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