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PORTSMOUTH ADVOCATES, INC. v. CITY OF PORTSMOUTH

No. 89-350.

133 N.H. 876 (1991)

PORTSMOUTH ADVOCATES, INC. v. THE CITY OF PORTSMOUTH & a.

Supreme Court of New Hampshire.

March 8, 1991.

Attorney(s) appearing for the Case

Casassa and Ryan, of Hampton (John J. Ryan on the brief and orally), for the plaintiff.

Shaines and McEachern P.A., of Portsmouth (Robert A. Shaines and Jonathan M. Flagg on the brief, and Mr. Flagg orally), for the intervenor.

BROCK, C.J.

The issue before us on this appeal is whether the Portsmouth City Council had authority under RSA 674:46 (Supp. 1990) to change the boundaries of Portsmouth's two historic districts. The plaintiff, Portsmouth Advocates, Inc. (Advocates), challenges the Superior Court's (Nadeau, J.) order upholding the City of Portsmouth's rezoning of its historic district boundaries to move certain properties from the city's Historic District A to its less restrictive...

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