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ROCKHOUSE MT. PROPERTY OWNERS ASSOC. v. TOWN OF CONWAY

No. 88-412.

133 N.H. 130 (1990)

ROCKHOUSE MOUNTAIN PROPERTY OWNERS ASSOCIATION & a. v. TOWN OF CONWAY.

Supreme Court of New Hampshire.

May 4, 1990.

Attorney(s) appearing for the Case

Cooper, Fauver & Deans P.A., of North Conway (Randall F. Cooper and Kenneth R. Cargill on the brief, and Mr. Cooper orally), for the plaintiffs.

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

THAYER, J.

The Town of Conway (the town or the defendant) appeals an order of the Superior Court (O'Neil, J.) approving the recommendation of the Master (Robert E. Hinchey, Esq.) that occasion exists for the town to lay out a roadway system pursuant to RSA 231:28-33 (1982 and Supp. 1989) in the Rockhouse Mountain Development, in Conway. We find that the burden on the town resulting from the requested layout...

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