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TABER v. TOWN OF WESTMORELAND

No. 94-478.

140 N.H. 613 (1996)

DAVID W. TABER & a. v. TOWN OF WESTMORELAND & a.

Supreme Court of New Hampshire.

January 31, 1996.

Attorney(s) appearing for the Case

Bragdon, Berkson, Davis & Klein, P.C., of Keene (Katharine Lord Klein and Stephen B. Bragdon on the brief, and Mr. Bragdon orally), for the plaintiffs.

Bradley, Burnett & Kinyon, P.A., of Keene (Beth R. Fernald on the brief and orally), for the defendant, Town of Westmoreland.

Green, McMahon and Heed, of Keene (Peter W. Heed and G. Jeremy Hockensmith on the brief, and Mr. Heed orally), for the intervenors, Timothy F. Thompson and Deborah A. Stavseth.

HORTON, J.

This case arises out of the ruling of the Superior Court (Brennan, J.) that the Zoning Board of Adjustment (ZBA) for the Town of Westmoreland (town) had improperly granted the intervenors, Timothy F. Thompson and Deborah A. Stavseth, a variance to demolish a preexisting, nonconforming structure and erect a new building in the footing of the old one. The court issued injunctive relief, ordering the intervenors...

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