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TOWN OF STODDARD v. NORTHERN SEC. INS. CO., INC.

Civ. No. 88-478-D.

718 F.Supp. 1062 (1989)

TOWN OF STODDARD; Town of Stoddard Planning Board; Thomas Yocono, Jr., Frances Rumrill, Reed Desrosiers, Jane Abert, Brian Cartwright, Melvin Gibbs, individually and as members of the Planning Board v. NORTHERN SECURITY INSURANCE CO., INC.; International Insurance Company.

United States District Court, D. New Hampshire.

July 25, 1989.

Attorney(s) appearing for the Case

Gregory H. Smith, Manchester, for plaintiffs.

Gregory A. Holmes, Manchester, Linda D. Oliveira, Boston, Mass., for defendants.

OPINION AND ORDER

DEVINE, Chief Judge.

On April 15, 1988, Pickerel Cove Limited Partnership ("Pickerel Cove") sued the Town of Stoddard and members of the Stoddard Planning Board ("Stoddard") in Cheshire County Superior Court for their action taken in amending a zoning ordinance. The amendment restricted development of Pickerel Cove property. On March 13, 1989, the superior court granted Pickerel Cove's motion for voluntary nonsuit with

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