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NAUTILUS OF EXETER v. TOWN OF EXETER

No. 94-159.

139 N.H. 450 (1995)

NAUTILUS OF EXETER, INC. & a. v. TOWN OF EXETER AND EXETER HOSPITAL

Supreme Court of New Hampshire.

March 23, 1995.

Attorney(s) appearing for the Case

Brown and LaPointe, P.A., of Exeter (Page Brown on the brief and orally), for the plaintiffs.

Holland, Donovan, Beckett & Hermans, of Exeter (Stephen G. Hermans on the brief and orally), for defendant Exeter Hospital.

Engel, Gearreald & Gardner, P.A., of Exeter (Mark S. Gearreald on the brief and orally), for defendant Town of Exeter.

HORTON, J.

Pursuant to RSA 677:4 (1986), the plaintiffs, Nautilus of Exeter, Inc., Amy Kaufman, Dale Boenisch, Gerard Poulin, and Shiro, Inc., d/b/a Great Bay Athletic Club, appealed to the superior court the decision of the Exeter Zoning Board of Adjustment (ZBA) denying them standing under RSA 676:5 (Supp. 1994). The plaintiffs now appeal the order of the Superior Court (McHugh, J.) granting summary judgment in favor...

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