TESSIER, EX'R v. TOWN OF HUDSON

No. 91-049

135 N.H. 168 (1991)

DONALD R. TESSIER, EXECUTOR v. TOWN OF HUDSON

Supreme Court of New Hampshire.

December 11, 1991


Attorney(s) appearing for the Case

Prunier, Leonard & Bolton P.A., of Nashua (Thomas J. Leonard and Steven A. Bolton on the brief, and Mr. Leonard orally), for the plaintiff.

John J. Ratigan, of Hudson, town attorney, by brief and orally, for the defendant.


BROCK, C.J.

The Town of Hudson (town) appeals from an order of the Superior Court (Dalianis, J.) vacating decisions of the Hudson Zoning Board of Adjustment (ZBA) which denied the plaintiff either a building permit or a variance. We affirm.

The facts are undisputed. The town adopted a zoning ordinance in 1942 which requires a building permit prior to making improvements on any land in the town. The ordinance, which originally had no minimum lot size...

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