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DEER LEAP ASSOCS. v. TOWN OF WINDHAM

No. 91-476.

136 N.H. 555 (1992)

DEER LEAP ASSOCIATES v. TOWN OF WINDHAM ROCK POND IMPROVEMENT ASSOCIATION v. TOWN OF WINDHAM

Supreme Court of New Hampshire.

December 29, 1992.

Attorney(s) appearing for the Case

McSwiney, Semple, Bowers & Wise, P.C., of Concord (James B. Kazan on the brief and orally), for Pelham Bank & Trust.

Baldwin & de Seve, of Concord (Richard J. de Seve on the brief and orally), for Rock Pond Improvement Association.

Deer Leap Associates filed no brief.

Town of Windham filed no brief.

BROCK, C.J.

This is an appeal from an order of the Superior Court (Perkins, J.), disposing of the appeals from two separate decisions of the Town of Windham Planning Board. For the reasons that follow, we reverse.

In September 1985, the Town of Windham Planning Board considered a proposal submitted by Deer Leap Associates (Deer Leap) to create a multi-lot subdivision contiguous with Rock Pond in Windham. At...

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