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MARCHAND v. TOWN OF HUDSON

No. 2000-131.

147 N.H. 380 (2001)

SUZANNE MARCHAND & a. v. TOWN OF HUDSON

Supreme Court of New Hampshire.

December 31, 2001.

Attorney(s) appearing for the Case

Prunier & Leonard, P.A., of Nashua (Andrew A. Prolman on the brief and orally), for the plaintiffs.

Donahue, Tucker & Ciandella, of Exeter (John J. Ratigan and Susan W. Chamberlin on the brief, and Mr. Ratigan orally), for the defendant.

Bolton Law Offices, P.A., of Nashua (Steven A. Bolton on the brief), and Michael N. Raisbeck, of Chelmsford, Massachusetts, on the brief and orally, for the intervenor, Jeremy L. Muller.

Booth, Freret, Imlay & Tepper, of Washington, D.C. (Christopher D. Imlay on the brief), for The American Radio Relay League, Inc., as amicus curiae.

BROCK, C.J.

The defendant, the Town of Hudson (town), appeals from a Superior Court (Brennan, J.) order rescinding a building permit granted to the intervenor, Jeremy L. Muller. The town argues that the court misapplied the law on accessory uses and ordered relief that conflicted with federal objectives to allow and promote amateur ham radio facilities. We affirm in part, reverse in part, vacate and remand.

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