TOWN OF SALEM v. WICKSON

No. 99-283.

146 N.H. 328 (2001)

TOWN OF SALEM v. RICHARD WICKSON

Supreme Court of New Hampshire.

April 24, 2001.


Attorney(s) appearing for the Case

Soule, Leslie, Kidder, Sayward & Loughman, of Salem (Diane M. Gorrow on the brief and orally), for the plaintiff.

Troisi & Sullivan, of Salem (James J. Troisi on the brief), for the defendant.


DUGGAN, J.

In this zoning case, the Town of Salem (town) appeals the Superior Court's (Abramson, J.) order dismissing its petition to enjoin the defendant, Richard Wickson, from stockpiling earthen materials on his property. The trial court ruled that the stockpiling activity was a pre-existing nonconforming use of the property and, therefore, Wickson had a right to continue that use. We reverse and remand.

Wickson owns a 4.1-acre vacant lot in Salem...

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