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DEVANEY v. TOWN OF WINDHAM

No. 88-167.

132 N.H. 302 (1989)

ROBERT DEVANEY v. TOWN OF WINDHAM

Supreme Court of New Hampshire.

October 9, 1989.

Attorney(s) appearing for the Case

Ignatius R. J. Piscitello, Sharon J. Rondeau, Charles L. Lonardo and John D. Hodges, Jr., of Lawrence, Massachusetts (Mr. Piscitello and Ms. Rondeau on the brief, and Mr. Hodges orally), for the plaintiff.

Soule, Leslie, Zelin, Sayward & Loughman, of Salem (Barbara F. Loughman and Diane M. Gorrow on the brief, and Ms. Loughman orally), for the defendant.

BATCHELDER, J.

The plaintiff, Robert Devaney, appeals the Superior Court's (Mangones, J.) order affirming the zoning board of adjustment's (ZBA) denial of both a variance and a rehearing and its granting of the defendant Town of Windham's (the Town) request for injunctive relief. The injunction requires the plaintiff to return his home to "exterior dimensions which substantially comport with dimensional requirements of the Town of Windham zoning ordinance....

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