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KELSEA v. TOWN OF PEMBROKE

No. 99-139.

146 N.H. 320 (2001)

RICHARD KELSEA v. TOWN OF PEMBROKE

Supreme Court of New Hampshire.

April 24, 2001.

Attorney(s) appearing for the Case

Baldwin, Callen, Hogan & Kidd, P.L.L.C., of Concord (Grant Kidd on the brief and orally), for the plaintiff.

Upton Sanders & Smith, of Concord (Robert Upton II on the brief), for the defendant.

Gregory E. Michael, P.A., of Merrimack (Gregory E. Michael on the brief and orally), for the intervenor, United States Cellular Corporation.

DALIANIS, J.

The plaintiff, Richard Kelsea, appeals an order of the Superior Court (Manias, J.) affirming the decision of the Pembroke Zoning Board of Adjustment (board) approving the expansion of the height of a telecommunications tower (tower) on Plausawa Hill Road in Pembroke. We vacate and remand.

The tower existed prior to the adoption of the Town of Pembroke's (town) zoning ordinance in 1974, which lists, among its prohibited uses, communications...

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