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LEMM DEVELOPMENT CORP. v. TOWN OF BARTLETT

No. 89-175.

133 N.H. 618 (1990)

LEMM DEVELOPMENT CORPORATION v. TOWN OF BARTLETT.

Supreme Court of New Hampshire.

October 17, 1990.

Attorney(s) appearing for the Case

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

Donahue, McCaffrey & Tucker, of Exeter (Charles F. Tucker and Robert D. Ciandella on the brief, and Mr. Tucker orally), for the defendant.

JOHNSON, J.

The plaintiff, Lemm Development Corporation (Lemm), appeals the Superior Court's (Temple, J.) ruling that the defendant, the Town of Bartlett (Town), properly denied Lemm's request for a building permit. At issue is the town planning board's jurisdiction to review improvements to land under its subdivision regulations. For the reasons stated below, we reverse.

The essential facts of this case are...

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