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DANIEL v. B & J REALTY

No. 90-021.

134 N.H. 174 (1991)

KEVIN DANIEL AND DANIEL'S RESTAURANT v. B & J REALTY d/b/a/ POP SCHULTZ AND TOWN OF HENNIKER ZONING BOARD OF ADJUSTMENT

Supreme Court of New Hampshire.

April 26, 1991.

Attorney(s) appearing for the Case

Abramson, Reis & Brown, of Manchester (Kenneth C. Brown and Jill A. DeMello on the brief, and Ms. DeMello orally), for the plaintiffs.

Law Offices of Raymond P. D'Amante P.A., of Concord (Kathleen McDonald on the brief and orally), for B & J Realty.

Nixon, Hall & Hess P.A., of Manchester (David W. Hess on the brief and orally), for the Town of Henniker.

MEMORANDUM OPINION

THAYER, J.

The plaintiffs appeal from an order of the Superior Court (M. Flynn, J.) granting defendant B & J Realty's motion for summary judgment in an appeal by plaintiffs from the Henniker Zoning Board of Adjustment's (ZBA) decision denying their appeal. The ZBA had allowed the plaintiffs to file an appeal, beyond the period provided for in the zoning board rules, from the Henniker...

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