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DOW v. TOWN OF EFFINGHAM

No. 2001-084.

148 N.H. 121 (2002)

E. MILTON DOW v. TOWN OF EFFINGHAM

Supreme Court of New Hampshire.

Opinion Issued: July 25, 2002.

Attorney(s) appearing for the Case

Cooper, Deans & Cargill, P.A., of North Conway (Randall F. Cooper on the brief and orally), for the plaintiff.

Upton & Hatfield, LLP, of Concord (Barton L. Mayer on the brief and orally), for the defendant.

McNeill, Taylor & Gallo, PA, of Dover (Malcolm R. McNeill, Jr. and Lynne M. Dennis on the brief, and Mr. McNeill orally), for the intervenor.

DUGGAN, J.

The plaintiff, E. Milton Dow, appeals a decision of the Superior Court (O'Neill, J.) upholding the validity of a race track ordinance enacted by the defendant, Town of Effingham (town). We affirm.

On March 2, 1997, the plaintiff informed the town's planning board of his intent to construct and operate a race track on his land. At that time, the town had no zoning laws in effect and, other than the...

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