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RALL v. TOWN OF BELMONT

No. 92-065.

138 N.H. 172 (1993)

RAINER RALL AND PASQUALE F. ALOSA v. TOWN OF BELMONT & a.

Supreme Court of New Hampshire.

December 30, 1993.

Attorney(s) appearing for the Case

Tardif, Shapiro & Cassidy, of Concord (R. Peter Shapiro on the brief and orally), for the plaintiffs.

Barto and Puffer, P.A., of Concord (Mark H. Puffer on the brief and orally), for the defendants.

HORTON, J.

The plaintiffs, Rainer Rall and Pasquale F. Alosa, appeal a decision by the Superior Court (O'Neil, J.) affirming the Belmont Planning Board's (planning board) denial of their application for a fifteen-lot cluster subdivision. The superior court found that the proposed plan exceeded density restrictions of the zoning districts in which the subdivision was to be built. In addition, the superior court found...

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