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ETTLINGEN HOMES v. TOWN OF DERRY

No. 95-115.

141 N.H. 296 (1996)

ETTLINGEN HOMES, INC. v. TOWN OF DERRY & a.

Supreme Court of New Hampshire.

August 12, 1996.

Attorney(s) appearing for the Case

Sumner F. Kalman, Attorney at Law, P.C., of Plaistow (Sumner F. Kalman on the brief and orally), for the plaintiff.

Boutin & Solomon, P.A., of Londonderry (Edmund J. Boutin and Gary H. Bernier on the brief, and Mr. Boutin orally), for the defendants.

BROCK, C.J.

The plaintiff, Ettlingen Homes, Inc., appeals the Superior Court (Goode, J.) order upholding the decision of the Derry Planning Board (planning board) denying its application for subdivision approval. We reverse and remand.

The trial court found the following facts. The plaintiff owns an eighty-one-acre parcel of land in Derry which it seeks to subdivide for residential development. In 1994, the plaintiff applied for

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