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GRAY v. SEIDEL

No. 96-655.

143 N.H. 327 (1999)

JAMES J. GRAY & a. v. GERALD S. SEIDEL, JR. & a. JAMES J. GRAY & a. v. TOWN OF MEREDITH ZONING BOARD OF ADJUSTMENT

Supreme Court of New Hampshire.

February 8, 1999.

Attorney(s) appearing for the Case

Law Offices of Kevin F. Sullivan, P.A., of Meredith (Kevin F. Sullivan on the brief and orally), for the plaintiffs.

Gerald S. Seidel, Jr. and Margaret L. Seidel, by brief, and Mr. Seidel orally, pro se.

McLaughlin, Hemeon & Lahey, P.A., of Laconia (Janice L. McLaughlin on the brief and orally), for defendant Town of Meredith Zoning Board of Adjustment.

THAYER, J.

The plaintiffs, James and Barbara Gray, appeal a decision of the Superior Court (Barry, J.) affirming the Town of Meredith Zoning Board of Adjustment's (board) denial of their request for a variance, and denying their petition for declaratory judgment for lack of subject matter jurisdiction. We reverse and remand.

In 1985, the plaintiffs purchased property in Meredith, including an easement over the property of defendants Gerald and Margaret...

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