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BOARD OF WATER COMM'RS, LACONIA WATER WORKS v. MOONEY

No. 93-624.

139 N.H. 621 (1995)

BOARD OF WATER COMMISSIONERS, LACONIA WATER WORKS v. MARK A. MOONEY

Supreme Court of New Hampshire.

June 14, 1995.

Attorney(s) appearing for the Case

Fitzgerald & Sessler, of Laconia, and Loughlin & Wade, of Portsmouth (James N. Sessler & a. on the brief, and Peter J. Loughlin orally), for the plaintiff.

Wescott, Millham & Dyer, of Laconia (Edward M. Gordon on the brief and orally), for the defendant.

McLane, Graf, Raulerson & Middleton, P.A., of Manchester (Richard A. Samuels and Deborah F. Morazzi on the brief), for the Manchester Water Works, as amicus curiae.

BROCK, C.J.

The plaintiff Board of Water Commissioners, Laconia Water Works (board) appeals the equitable decree of the Superior Court (McHugh, J.) which ruled that a certain charge levied on new users of water provided by the board was an illegally imposed growth impact fee. We affirm in part, vacate in part, and remand.

In 1987, the defendant, Mark A. Mooney, contracted with the board to obtain water service for an anticipated housing development...

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