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ZUKIS v. TOWN OF FITZWILLIAM

No. 90-274

135 N.H. 384 (1992)

MARY W. ZUKIS v. TOWN OF FITZWILLIAM & a.

Supreme Court of New Hampshire.

March 20, 1992

Attorney(s) appearing for the Case

Tower, Bean & Crocker P.A., of Jaffrey (David M. Tower on the brief and orally), for the plaintiff.

Goodnow, Arwe, Ayer and Prigge P.C., of Keene (Joseph S. Hoppock on the brief and orally), for the defendants.

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

BATCHELDER, J.

The defendants, the Town of Fitzwilliam and the Fitzwilliam Planning Board (the Town), appeal the decision of the Superior Court (Groff, J.) reversing the Town's denial of the plaintiff's request for subdivision approval on the basis that the proposed subdivision was premature. The Town raises three issues on appeal. First, it argues that the trial court erred in ruling that the proposed subdivision was not premature, because it relied on the...

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