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TOWN OF PLAISTOW v. RIDDLE

No. 95-743.

141 N.H. 307 (1996)

TOWN OF PLAISTOW v. JAMES AND KAREN RIDDLE D/B/A TIMBERLANE AUTO

Supreme Court of New Hampshire.

August 15, 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.

McNeill & Taylor, P.A., of Dover (Lynne M. Dennis and Malcolm R. McNeill, Jr. on the brief, and Mr. McNeill orally), for the defendants.

BROCK, C.J.

The Town of Plaistow Zoning Board of Adjustment (ZBA) ruled against the defendants, James and Karen Riddle d/b/a Timberlane Auto, after the defendants sought to remove certain restrictions from an occupancy permit. The defendants took a voluntary nonsuit after filing an appeal under RSA 677:4 (1986). In related but separate proceedings, the Superior Court (Goode, J.) ruled that the effect of the voluntary nonsuit after appeal was for the judgment...

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