COHEN v. TOWN OF HENNIKER

No. 90-335.

134 N.H. 425 (1991)

GABRIEL COHEN v. TOWN OF HENNIKER.

Supreme Court of New Hampshire.

July 8, 1991.


Attorney(s) appearing for the Case

Charles H. Morang, of Concord, by brief and orally, for the plaintiff.

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


JOHNSON, J.

The plaintiff appeals an order of the Superior Court (McGuire, J.) upholding the denial by the Henniker Planning Board (the board) of his application for subdivision approval to convert seven apartment units into condominiums. The plaintiff argues that the board's denial was improper, given his prior nonconforming use of the property. We agree and, therefore, reverse the order of the superior court.

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