CASPERSEN v. TOWN OF LYME

No. 92-070.

139 N.H. 637 (1995)

FINN M.W. CASPERSEN AND BARBARA M. CASPERSEN, TRUSTEES OF A REVOCABLE TRUST DATED DECEMBER 27, 1972 v. TOWN OF LYME & a.

Supreme Court of New Hampshire.

June 27, 1995.


Attorney(s) appearing for the Case

Castaldo, Hanna & Malmberg, P.C., of Concord (Neil F. Castaldo and Steven L. Winer on the brief, and Mr. Castaldo orally), for the plaintiffs.

Baldwin & De Seve, of Concord (Carolyn W. Baldwin on the brief and orally), for the defendant, Town of Lyme.

Daschbach, Kelly and Cooper, P.A., of Lebanon (Joseph F.Daschbach on the brief and orally), for the intervenors.

Jed Z. Callen, of New Boston, by brief for the American Planning Association, as amicus curiae.

H. Bernard Waugh, Jr., of Concord, by brief for the New Hampshire Municipal Association, as amicus curiae.

David L. Harrigan, of Concord, by brief for the Society for the Protection of New Hampshire Forests, as amicus curiae.


HORTON, J.

The plaintiffs, Finn M.W. Caspersen and Barbara M. Caspersen, trustees, appeal a decision of the Superior Court (Perkins, J.) upholding the validity of a zoning ordinance enacted by the defendant, Town of Lyme (town). On appeal, the plaintiffs argue that a provision in the ordinance that prohibits lot sizes of less than fifty acres in a mountain and forest district: (1) violates their substantive due process and equal protection rights under the...

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