K & J ASSOC. v. CITY OF LEBANON

No. 95-476.

142 N.H. 331 (1997)

K & J ASSOCIATES & a. v. CITY OF LEBANON & a.

Supreme Court of New Hampshire.

October 1, 1997.


Attorney(s) appearing for the Case

Casassa and Ryan, of Hampton (John J. Ryan on the brief and orally), for the plaintiffs.

Devine, Millimet & Branch, P.A., of Manchester (George R. Moore and Richard Sigel on the brief, and Mr. Moore orally), for the defendants.

Schuster, Wheeler, Buttrey & Wing, P.A., of Lebanon (Claude T. Buttrey and Barry C. Schuster on the brief, and Mr. Schuster orally), for the intervenor, C & R Management Corp.


BROCK, C.J.

The plaintiffs, K & J Associates and Paul Korpela, appeal an order of the Superior Court (Abramson, J.) ruling that because the plaintiffs' appeal from the decision of the City of Lebanon Planning Board (board) was not timely filed under RSA 677:15 (Supp. 1994) (amended 1995), the court lacked subject matter jurisdiction to hear the appeal. We reverse and remand.

The plaintiffs submitted an application for site plan review of a proposed...

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