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PEABODY v. TOWN OF WINDHAM

No. 96-258.

142 N.H. 488 (1997)

JOHN AND DIANNA PEABODY v. TOWN OF WINDHAM

Supreme Court of New Hampshire.

December 29, 1997.

Attorney(s) appearing for the Case

Forman & Bernier, P.A., of Londonderry (Gary H. Bernier on the brief and orally), for the plaintiffs.

Beaumont & Campbell, PA., of Salem (Bernard H. Campbell on the brief and orally), for the defendant.

BRODERICK, J.

The plaintiffs, John and Dianna Peabody, appeal a ruling of the Superior Court (Murphy, J.) denying their request for attorney's fees despite a finding that the Town of Windham Zoning Board of Adjustment (board) acted in bad faith by imposing restrictions on the use of their property. The Town of Windham (town) cross-appeals, arguing that the Superior Court (Goode, J.) erred in vacating the board's decision. Because we reverse the trial...

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