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APPEAL OF ANDREWS

No. 91-073.

136 N.H. 61 (1992)

APPEAL OF JAMES ANDREWS & a. (New Hampshire Board of Tax and Land Appeals)

Supreme Court of New Hampshire.

July 30, 1992.

Attorney(s) appearing for the Case

Wescott, Millham & Dyer, of Laconia (Peter V. Millham on the brief and orally), for the plaintiffs.

Nighswander, Martin & Mitchell P.A., of Laconia (Walter L. Mitchell on the brief and orally), for the Town of Gilford.

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

THAYER, J.

The question presented for our review is whether the board of tax and land appeals (the board) may grant an abatement which reduces a taxpayer's real property assessment to a higher percentage of fair market value than the median ratio for the town as a whole. We hold that it cannot.

The plaintiffs, thirty-four condominium owners in three different developments in Gilford, appealed to the board for abatement of their 1988 property taxes. An abatement...

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