DOGGETT v. TOWN OF NORTH HAMPTON

No. 93-831.

138 N.H. 744 (1994)

BARBARA DOGGETT v. TOWN OF NORTH HAMPTON ZONING BOARD OF ADJUSTMENT

Supreme Court of New Hampshire.

August 1, 1994.


Attorney(s) appearing for the Case

Engel, Gearreald & Gardner, P.A., of Exeter (David C. Engel on the brief and orally), for the plaintiff.

Casassa & Ryan, of Hampton (John J. Ryan on the brief, and Daniel R. Hartley orally), for the defendant.


JOHNSON, J.

The issue in this case is whether RSA 508:10 (1983), the "second suit" or "savings" statute, applies to a second appeal brought in superior court by the plaintiff, Barbara Doggett, from a decision of the defendant, the Town of North Hampton (town) Zoning Board of Adjustment (ZBA). See RSA 677:4 (1986). The Superior Court (Gray, J.) granted the ZBA's motion to dismiss, and Doggett now appeals to this court. We reverse and remand.

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