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HUSSEY v. TOWN OF BARRINGTON

No. 90-072.

135 N.H. 227 (1992)

ROBERT D. HUSSEY AND U.S. AGGREGATES, INC. v. TOWN OF BARRINGTON.

Supreme Court of New Hampshire.

February 24, 1992.

Attorney(s) appearing for the Case

Gallagher, Callahan & Gartrell P.A., of Concord (Donald E. Gartrell on the brief and orally), for the plaintiffs.

Casassa & Ryan, of Hampton (Peter J. Saari on the brief and orally), for the defendant.

Taylor, Keane, Blanchard, Lyons & Watson P.A., of Portsmouth, for the intervenors Guilio and Norma Franceschini, adopted brief of the defendant.

Wyskiel, Boc & Reid P.A., of Dover, for the intervenor Martin Lessard, adopted brief of the defendant.

HORTON, J.

In this gravel pit case, the plaintiffs appeal an order of the Superior Court (Dickson, J.), made at the close of the plaintiffs' case, which dismissed their challenge to a 1989 decision of the Town of Barrington Zoning Board of Adjustment (the ZBA). This decision denied plaintiff Robert D. Hussey a use variance to excavate sand, gravel, and stone from a parcel located in an area of Barrington zoned for...

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