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TOWN OF PLAISTOW BD. OF SELECTMEN v. TOWN OF PLAISTOW ZONING BD. OF ADJUSTMENT

No. 99-255.

146 N.H. 263 (2001)

TOWN OF PLAISTOW BOARD OF SELECTMEN v. TOWN OF PLAISTOW ZONING BOARD OF ADJUSTMENT & a.

Supreme Court of New Hampshire.

April 9, 2001.

Attorney(s) appearing for the Case

Mitchell & Bates, P.A., of Laconia (Timothy Bates on the brief and orally), for the plaintiff.

Donahue, Tucker & Ciandella, of Exeter, for the defendant, filed no brief.

Engel & Associates, PA., of Exeter (David C. Engel on the brief and orally), for the intervenor, Richard Taylor.

DALIANIS, J.

The intervenor, Richard Taylor, appeals an order of the Superior Court (Murphy, J.) reversing the decision of the Town of Plaistow Zoning Board of Adjustment (ZBA) granting a variance to Taylor. We vacate and remand.

The relevant facts follow. In 1997, the Town of Plaistow (town) adopted an amendment to its zoning ordinance prohibiting the establishment of an automobile dealership within 1,000 feet of another such dealership. On February...

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