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N.E. BRICKMASTER v. TOWN OF SALEM

No. 89-207.

133 N.H. 655 (1990)

NEW ENGLAND BRICKMASTER, INC. v. TOWN OF SALEM & a.

Supreme Court of New Hampshire.

November 9, 1990.

Attorney(s) appearing for the Case

Law Offices of Reginald L. Marden P.C., of Andover, Massachusetts (Reginald L. Marden and Vincent Youmatz on the brief, and Mr. Marden orally), for the plaintiff.

Donahue, McCaffrey & Tucker, of Exeter (Robert D. Ciandella on the brief and orally), for the defendants.

Timothy Bates, of Concord, by brief for the New Hampshire Municipal Association, as amicus curiae.

JOHNSON, J.

This land use case involves an appeal from an order of the Superior Court (McHugh, J.) affirming the decision of the Town of Salem Planning Board (board) to conditionally approve the plaintiff's site plan application. The plaintiff, New England Brickmaster, Inc. (Brickmaster), argues that neither the enabling statute, RSA 674:43 and :44, nor the town's regulations authorize the board to impose the condition, which requires that the plaintiff pay...

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