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WEBSTER v. TOWN OF CANDIA

Nos. 99-046, 00-348.

146 N.H. 430 (2001)

KENNETH WEBSTER AND MARGARET DEMOS, AS TRUSTEES OF THE KENNETH WEBSTER TRUST & a. v. TOWN OF CANDIA & a. JULEE SANDERSON, AS TRUSTEE OF CANDIA RANGEWAY REALTY TRUST v. TOWN OF CANDIA & a.

Supreme Court of New Hampshire.

May 21, 2001.

Attorney(s) appearing for the Case

Wadleigh, Starr & Peters, P.L.L.C., of Manchester (Robert E. Murphy, Jr. on the brief), for plaintiffs Kenneth Webster and Margaret Demos, as Trustees of the Kenneth Webster Trust, and Winthrop Sargeant.

Devine, Millimet & Branch, P.A., of Manchester (Thomas Quarles, Jr. and Matthew R. Johnson on the brief, and Mr. Quarles orally), for plaintiff Julee Sanderson, as Trustee of Candia Rangeway Realty Trust.

Upton, Sanders & Smith, of Concord (Barton L. Mayer and Lauren S. Irwin on the briefs, and Mr. Mayer orally), for the defendants.

DALIANIS, J.

In this consolidated appeal, plaintiffs Kenneth Webster and Margaret Demos as Trustees of the Kenneth Webster Trust, and Winthrop Sargeant (Webster plaintiffs), appeal the Superior Court's (Galway, J.) order affirming the decision of the Town of Candia Planning Board (planning board) denying their application to remove trees from Libbee Road, a designated scenic road. Plaintiff Julee Sanderson, as Trustee of Candia Rangeway Realty Trust (Sanderson...

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