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NESTOR v. TOWN OF MEREDITH

No. 93-330.

138 N.H. 632 (1994)

JAMES F. NESTOR & a. v. TOWN OF MEREDITH ZONING BOARD OF ADJUSTMENT & a.

Supreme Court of New Hampshire.

July 6, 1994.

Attorney(s) appearing for the Case

Baldwin and de Seve, of Concord (Carolyn W. Baldwin on the brief and orally), for the plaintiffs.

Nighswander, Martin & Mitchell, P.A., of Laconia (Timothy Bates on the brief and orally), for defendant Town of Meredith Zoning Board of Adjustment.

John W. Dever and R. Joseph Dever, pro se, filed no brief.

BATCHELDER, J.

The plaintiffs, abutters and nearby landowners to the land of defendants John W. and R. Joseph Dever, appeal an order of the Superior Court (O'Neil, J.) upholding the issuance by defendant Meredith Zoning Board of Adjustment (ZBA) of a special exception to the Devers. They argue: (1) that an apartment is not a permitted "accessory use" of a rural convenience store; (2) that the ZBA, without input from abutters, erroneously attached conditions...

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