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ESTABROOKS v. TOWN OF JEFFERSON

No. 90-484.

134 N.H. 367 (1991)

PETER ESTABROOKS AND ESTHER ESTABROOKS v. TOWN OF JEFFERSON

Supreme Court of New Hampshire.

June 12, 1991.

Attorney(s) appearing for the Case

David B. Shepatin, of Littleton, by brief and orally, for the plaintiffs.

Donovan & Desjardins P.C., of Lancaster (Paul F. Donovan on the brief and orally), for the defendant.

JOHNSON, J.

The plaintiffs, Peter Estabrooks and Esther Estabrooks, appeal the decision of the Superior Court (Smith, J.) affirming the Town of Jefferson (Town) zoning board of adjustment's (ZBA) denial of the Estabrookses' application for a variance from the Town's land use ordinances. We hold that the superior court erred in failing to act upon the Estabrookses' request for an evidentiary hearing, and therefore reverse and remand. The Estabrookses raise several...

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