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SMITH v. TOWN OF WOLFEBORO

No. 90-603.

136 N.H. 337 (1992)

CHARLES H. SMITH & a. v. TOWN OF WOLFEBORO & a.

Supreme Court of New Hampshire.

November 10, 1992.

Attorney(s) appearing for the Case

Walker & Varney, of Wolfeboro, and Elizabeth Cazden, of Manchester (Robert C. Varney and Ms. Cazden on the brief, and Mr. Varney orally), for the plaintiffs.

Barto & Puffer P.A., of Concord (John W. Barto on the brief and orally), for the defendants.

Timothy Bates, of Concord, by brief for the New Hampshire Municipal Association, as amicus curiae.

JOHNSON, J.

The Town of Wolfeboro (the town) and the Wolfeboro Planning Board (the board) appeal from a decision of the Superior Court (Temple, J.) involving a subdivision owned by Charles H. Smith and Richard D. Kourian (the owners). The court reversed the board's decision to reconfigure lot 3 in the owners' subdivision and to deny the owners' application for certification of lot 3 as suitable for residential development...

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