HANSEL v. CITY OF KEENE

No. 93-278.

138 N.H. 99 (1993)

PETER D. HANSEL & a. v. CITY OF KEENE

Supreme Court of New Hampshire.

December 21, 1993.


Attorney(s) appearing for the Case

Gallagher, Callahan & Gartrell, P.A., of Concord (Andrew B. Eills on the brief, and David Garfunkel orally), for the plaintiffs.

Bell, Falk & Norton, P.A., of Keene (Arnold R. Falk on the brief and orally), for the defendant.

Rath, Young, Pignatelli and Oyer, P.A., of Concord (Gregory W. Swope and Diane Murphy Quinlan on the brief, and Mr. Swope orally), for the intervenor, Konover Development Corporation.


THAYER, J.

The plaintiffs, who are citizens of Keene, appealed a decision by the City of Keene Planning Board (planning board) to the superior court. The planning board had granted conditional approval of intervenor Konover Development Corporation's (Konover) site plan for a major commercial retail shopping center. The Superior Court (Brennan, J.) ruled that the planning board acted unreasonably and illegally because one of the conditions it imposed on Konover...

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