HILL v. TOWN OF CHESTER

No. 99-306.

146 N.H. 291 (2001)

JOHN H. HILL, III & a. v. TOWN OF CHESTER & a.

Supreme Court of New Hampshire.

April 13, 2001.


Attorney(s) appearing for the Case

Sumner F. Kalman, Attorney at Law, P.C., of Plaistow (Sumner F. Kalman on the brief and orally), for the plaintiffs.

Grinnell & Bureau, of Londonderry (David R. Connell on the brief), and Wadleigh, Starr & Peters, P.L.L.C., of Manchester (Dean B. Eggert orally), for the defendants.

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


NADEAU, J.

The defendants, Town of Chester (town) and Town of Chester Zoning Board of Adjustment (ZBA), appeal the ruling of the Superior Court (Abramson, J.) reversing the ZBA's denial of a variance to the plaintiffs, John Hill, III and Deborah Simard-Hill. We vacate and remand.

The relevant facts follow. In 1997, the plaintiffs paid $40.00 for a 1.3 acre parcel of land with 200 feet of frontage, referred to as Lot 6. They purchased it from the Simard...

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