TOWN OF SEABROOK v. VACHON MANAGEMENT

No. 98-139.

144 N.H. 660 (2000)

TOWN OF SEABROOK v. VACHON MANAGEMENT, INC. & A.

Supreme Court of New Hampshire.

February 8, 2000.


Attorney(s) appearing for the Case

Donahue, Tucker & Ciandella, of Exeter (Robert D. Ciandella and Scott E. Woodman on the brief, and Mr. Ciandella orally), for the plaintiff.

Marshall Law, of East Kingston (Keri J. Marshall on the brief, and W. Michael Todd orally), for the defendants.

H. Bernard Waugh, Jr., of Concord, by brief, for New Hampshire Municipal Association, as amicus curiae.


BRODERICK, J.

The plaintiff, Town of Seabrook (town), sought an injunction against the defendants, Vachon Management Inc. (Vachon) and Adult Video Inc. (Adult Video), to stop live nude dancing at the defendants' business in Seabrook. The Superior Court (Gray, J.), following a hearing on the merits, dismissed the petition on the basis that live nude dancing, although in violation of the town's zoning ordinance for sexually-oriented businesses, was a lawful nonconforming...

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