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CITY OF DOVER v. KIMBALL

No. 91-177.

136 N.H. 441 (1992)

CITY OF DOVER v. DONALD C. KIMBALL & a.

Supreme Court of New Hampshire.

November 25, 1992.

Attorney(s) appearing for the Case

Scott E. Woodman, of Dover, and Shaines & McEachern, P.A., of Portsmouth (Mr. Woodman and John H. McEachern on the brief, and Mr. McEachern orally), for the plaintiff.

Mulvey, Noucas & Cornell, P.A., of Portsmouth (James G. Noucas, Jr. on the brief and orally), for the defendants Donald and Marjorie Kimball.

Wholey & Pelech, of Portsmouth (Bernard W. Pelech on the brief and orally), for the defendants Miriam and Stanley Allen.

THAYER, J.

The Superior Court (Temple, J.) awarded the defendants attorney's fees, but denied their claim for damages, based on the bad faith conduct of the Dover Planning Board (the board). Because the record does not support the finding of bad faith, we reverse the award of attorney's fees and affirm the denial of the defendants' claim of damages against the city.

Donald and Marjorie Kimball, two of the defendants, owned a parcel of land on Dover...

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