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BLUE JAY REALTY TRUST v. CITY OF FRANKLIN

No. 89-011.

132 N.H. 502 (1989)

BLUE JAY REALTY TRUST v. CITY OF FRANKLIN

Supreme Court of New Hampshire.

December 13, 1989.

Attorney(s) appearing for the Case

Gallagher, Callahan & Gartrell P.A., of Concord (Michael R. Callahan on the brief, and Steven J. McAuliffe orally), for the plaintiff.

Upton, Sanders & Smith, of Concord (Russell F. Hilliard on the brief and orally), for the defendant.

SOUTER, J.

The plaintiff has petitioned for declaratory judgment and injunctive relief, challenging the validity of 1987 amendments to the defendant's zoning ordinance, and has sought compensation under the State and National Constitutions for either a temporary or permanent taking said to have resulted therefrom. The Superior Court (Mayland H. Morse, Jr., Esq., Master; M. Flynn, J.) cited the plaintiff's failure...

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