HEALEY v. TOWN OF NEW DURHAM

No. 94-095.

140 N.H. 232 (1995)

CHARLES AND DORIS HEALEY v. TOWN OF NEW DURHAM ZONING BOARD OF ADJUSTMENT GULLMAR AND SHIRLEY NELSON v. TOWN OF NEW DURHAM ZONING BOARD OF ADJUSTMENT

Supreme Court of New Hampshire.

September 22, 1995.


Attorney(s) appearing for the Case

McNeill & Taylor, P.A., of Dover (Malcolm R. McNeill, Jr. and Lynne M. Dennis on the brief, and Mr. McNeill orally), for plaintiffs Charles and Doris Healey.

Ouellette, Hallisey, Dibble and Tanguay, P.A., of Dover (William L. Tanguay on the brief and orally), for plaintiffs Gullmar and Shirley Nelson.

Nighswander, Martin & Mitchell, P.A., of Laconia, for the defendant, filed no brief.


JOHNSON, J.

The question presented is whether a certain house, garage, and paved driveway violate the Town of New Durham Zoning and Land Use Ordinance (zoning ordinance). We hold that they do and affirm the decision of the Superior Court (Fauver, J.).

The following facts are not in dispute. Plaintiffs Gullmar and Shirley Nelson own land on the shore of Merrymeeting Lake in New Durham. In 1988, the Nelsons applied...

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