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CROSSLEY v. TOWN OF PELHAM

No. 88-498.

133 N.H. 215 (1990)

DONALD AND WENDY CROSSLEY v. TOWN OF PELHAM & a.

Supreme Court of New Hampshire.

May 24, 1990.

Attorney(s) appearing for the Case

Michael L. Donovan, of Concord, by brief and orally, for the plaintiffs.

Currier, Zall, Durmer & Shepard, of Nashua (Paul J. Bennett and Robert M. Shepard on the brief, and Mr. Shepard orally), for the defendants John and Margaret Ogonowski.

Upton, Sanders & Smith, of Concord, for the defendant Town of Pelham, filed no brief.

MEMORANDUM OPINION

SOUTER, J.

The Superior Court (R. Peter Shapiro, Esq., Master; Groff, J.) affirmed the existence of hardship necessary to sustain the Pelham Zoning Board's award of a zoning variance to the individual defendants. We reverse.

In 1981 the defendants John and Margaret Ogonowski purchased a lot with dwelling and one-car garage at 143 North Shore Drive in Pelham, on the edge of Little Island Pond. The lot was nonconforming...

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