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VACHON v. TOWN OF NEW DURHAM Z.B.A.

No. 88-170.

131 N.H. 623 (1989)

ERNIE AND PATRICIA VACHON AND ROBERT AND PHYLLIS PAIGE v. TOWN OF NEW DURHAM ZONING BOARD OF ADJUSTMENT.

Supreme Court of New Hampshire.

May 3, 1989.

Attorney(s) appearing for the Case

Cooper, Hall, Whittum & Shillaber, of Rochester (Daniel J. Harkinson on the brief and orally), for the plaintiffs.

Nighswander, Martin & Mitchell P.A., of Laconia (Walter L. Mitchell on the brief and orally), for the defendant.

H. Bernard Waugh, Jr., of Concord, by brief for New Hampshire Municipal Association, as amicus curiae.

BATCHELDER, J.

This is an appeal from a decree of the Superior Court (McHugh, J.) which upheld a decision made by the New Durham Zoning Board of Adjustment (ZBA) to deny the plaintiffs residential building permits for their separate but abutting parcels of land located in New Durham. For the reasons set forth below, we affirm.

In 1983, the plaintiffs purchased two separate abutting parcels of land located in New Durham. The parcel belonging to plaintiffs...

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