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CORMIER v. TOWN OF DANVILLE

No. 96-261.

142 N.H. 775 (1998)

EUGENE A. CORMIER, TRUSTEE OF TERRA REALTY TRUST v. TOWN OF DANVILLE ZONING BOARD OF ADJUSTMENT

Supreme Court of New Hampshire.

May 14, 1998.

Attorney(s) appearing for the Case

Sheehan Phinney Bass & Green, P.A., of Manchester (Peter F. Kearns and Thomas M. Closson on the brief, and Mr. Kearns orally), for the plaintiff.

Loughlin & Wade, of Portsmouth (Peter J. Loughlin on the brief and orally), for the defendant.

JOHNSON, J.

The plaintiff, Eugene A. Cormier, Trustee of Terra Realty Trust, appeals from the Superior Court's (Coffey, J.) denial of three consolidated petitions for appeal from decisions of the defendant, the Town of Danville Zoning Board of Adjustment (board). We reverse in part, vacate in part, and remand.

The Danville Zoning Ordinance (ordinance) prohibits excavation in Danville except by special exception obtained from the board through a procedure...

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