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VOEDISCH v. TOWN OF WOLFEBORO

No. 90-479.

136 N.H. 91 (1992)

GEORGE J. VOEDISCH & a. v. TOWN OF WOLFEBORO & a.

Supreme Court of New Hampshire.

August 14, 1992.

Attorney(s) appearing for the Case

Charles H. Morang, of Concord, and Pamela D. Albee, of Ossipee (Mr. Morang and Ms. Albee on the brief, and Mr. Morang orally), for the plaintiffs.

Sullivan & Patten P.A., of Wolfeboro (Timothy J. Sullivan on the brief and orally), for the defendants, Robert B. McNitt and Nancy M. McNitt.

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

Barto and Puffer P.A., of Concord, for the defendant, Town of Wolfeboro, filed no brief.

HORTON, J.

The plaintiffs, all owners of neighboring property, appeal the decision of the Superior Court (O'Neil, J.) denying an injunction, and finding that although the conveyance of a parcel of land violated the Town of Wolfeboro's (the town) subdivision regulations, the use of the property did not violate either the town's zoning ordinance or the restrictive covenants of the subdivision. On appeal the plaintiffs, in essence, raise three issues. First, noting...

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