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MOONEY v. CITY OF LACONIA

No. 89-125.

133 N.H. 30 (1990)

MARK A. MOONEY v. CITY OF LACONIA

Supreme Court of New Hampshire.

April 11, 1990.

Attorney(s) appearing for the Case

Wescott, Millham & Dyer, of Laconia (Peter V. Millham on the brief and orally), for the plaintiff.

Decker, Fitzgerald & Sessler, of Laconia (James N. Sessler on the brief and orally), for the defendant.

BATCHELDER, J.

In this declaratory judgment action seeking to have the Laconia School Impact Fee Ordinance declared invalid and void, the defendant City of Laconia (City) appeals a ruling of the Superior Court (O'Neil, J.) granting the plaintiff's motion for summary judgment. The sole issue upon which summary judgment was granted was the City's legal authority to impose what it calls a "growth impact fee" upon certain new residential construction within the...

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