DZIAMA v. CITY OF PORTSMOUTH

No. 94-230.

140 N.H. 542 (1995)

GARY DZIAMA, TRUSTEE OF THE MALT HOUSE EXCHANGE REALTY TRUST v. CITY OF PORTSMOUTH

Supreme Court of New Hampshire.

December 22, 1995.


Attorney(s) appearing for the Case

Wholey and Pelech Law Office, of Portsmouth (Bernard W. Pelech on the brief and orally), for the plaintiff.

Kathleen M. Dwyer, assistant city attorney, by brief and orally, for the defendant.


HORTON, J.

The Superior Court (Goode, J.) dismissed the plaintiff's appeal from the denial by the City of Portsmouth Board of Adjustment (board) of his request for a special exception. The plaintiff, Gary Dziama, trustee of the Malt House Exchange Realty Trust, appeals from that dismissal. We vacate and remand.

In January 1993, the plaintiff sought a special exception under the City of Portsmouth Zoning Ordinance, section 10-1201 (1)(d)(2), to reduce...

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