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HEARTZ v. CITY OF CONCORD

No. 2001-219.

148 N.H. 325 (2002)

JOAN HEARTZ & a. v. CITY OF CONCORD & a.

Supreme Court of New Hampshire.

Opinion Issued: September 17, 2002.

Attorney(s) appearing for the Case

Baldwin, Callen, Hogan & Kidd, P.L.L.C., of Concord (Grant Kidd on the brief, and Jed Z. Callen orally), for petitioners Joan Heartz and Bruce Calkins.

Law Offices of Robert V. Johnson, II, PLLC, of Concord (Robert V. Johnson, II on the brief and orally), pro se.

McLane, Graf, Raulerson & Middleton, P.A., of Manchester (Mark C. Rouvalis on the brief and orally), for the intervenor, Professional Realty Corporation.

Paul F. Cavanaugh, city solicitor, of Concord, for the respondent, City of Concord, joined in the intervenor's brief.

DUGGAN, J.

In these consolidated appeals, the petitioners, Joan Heartz, Bruce Calkins, and Robert V. Johnson, II, challenge two Superior Court (Fitzgerald, J.) orders concerning development of a proposed parking lot at 66 ½ North State Street in Concord. The petitioners argue that the superior court erred in dismissing their claims on jurisdictional grounds for failing to appeal to the Concord Zoning Board of Adjustment (ZBA) prior to their appeal to the...

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