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BELLUSCIO v. TOWN OF WESTMORELAND

No. 93-534.

139 N.H. 55 (1994)

DAVID AND SALLY BELLUSCIO v. TOWN OF WESTMORELAND

Supreme Court of New Hampshire.

September 29, 1994.

Attorney(s) appearing for the Case

Bragdon, Berkson & Davis, P.C., of Keene (Stephen B. Bragdon and Katharine Lord Klein on the brief, and Mr. Bragdon orally), for the plaintiffs.

Fernald, Taft, Falby & Little, P.A., of Peterborough (Silas Little on the brief and orally), for the defendant.

MEMORANDUM OPINION

BATCHELDER, J.

The plaintiffs, David and Sally Belluscio, appeal the decision of the Superior Court (Brennan, J.) upholding the defendant Town of Westmoreland Zoning Board of Adjustment's (ZBA) denial of their request to build a single-family residence on their seven-acre lot. They argue that the trial court erred in ruling that RSA 674:41 (1986 & Supp. 1993) barred their request. We reverse and remand.

The plaintiffs...

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