BRITTON v. TOWN OF CHESTER

No. 89-372.

134 N.H. 434 (1991)

WAYNE BRITTON & a. v. TOWN OF CHESTER.

Supreme Court of New Hampshire.

July 24, 1991.


Attorney(s) appearing for the Case

New Hampshire Legal Assistance (Elliott Berry and Thomas Fredenburg on the brief, and Mr. Berry orally), for plaintiff Wayne Britton and the plaintiff class of low- and moderate-income plaintiffs.

Craig and Wenners P.A., of Manchester (James W. Craig on the brief, and William H. Craig orally), for plaintiff Raymond Remillard.

Grinnell & Bureau, of Derry (David R. Connell on the brief and orally), for the defendant.

McSwiney, Jones, Semple, Bowers & Wise P.C., of Concord (James B. Kazan on the brief), by brief for the New Hampshire Housing Finance Authority, as amicus curiae.

Gallagher, Callahan & Gartrell P.A., of Concord (Robert J. Finn on the brief), by brief for the Home Builders Association of New Hampshire, as amicus curiae.

Donahue, McCaffrey & Tucker, of Exeter (Charles F. Tucker on the brief), by brief for the American Planning Association, as amicus curiae.

H. Bernard Waugh, Jr., legal counsel, New Hampshire Municipal Association, by brief for the Association, as amicus curiae.


BATCHELDER, J.

In this appeal, the defendant, the Town of Chester (the town), challenges a ruling by the Master (R. Peter Shapiro, Esq.), approved by the Superior Court (Gray, J.), that the Chester Zoning Ordinance is invalid and unconstitutional. In addition, the town argues that the relief granted to plaintiff Remillard, permitting him to construct multi-family housing on a parcel not currently zoned for such development, violates the separation of...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases