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TIDD v. TOWN OF ALTON

No. 2000-518.

148 N.H. 424 (2002)

WILLIAM TIDD & a. v. TOWN OF ALTON & a.

Supreme Court of New Hampshire.

Opinion Issued: October 11, 2002.

Attorney(s) appearing for the Case

Dewhurst & Greene, P.L.L.C., of Bedford (Arthur G. Greene and Glenn A. Perlow on the brief, and Mr. Greene orally), for plaintiffs William and Melanie Tidd.

McLaughlin Law Office, P.C., of Laconia (Janice L. McLaughlin on the brief and orally), for plaintiffs Patricia Scribner and Richard Humphreys.

Fitzgerald & Sessler, P.A., of Laconia (James N. Sessler and Margaret Sova McCabe on the brief, and Ms. Sova McCabe orally), for defendant Town of Alton.

Law Offices of Arthur W. Hoover, of Alton (Arthur W. Hoover on the brief and orally), for the third party respondents.

BRODERICK, J.

The Superior Court (Perkins, J.) vacated the decision of the Town of Alton Zoning Board of Adjustment (ZBA) granting a request for a special exception to the third party respondents, Richard and Gaye Holt. We affirm.

The record supports the following facts. The Holts own a forty-four acre tract of land located within a rural zoning district along County Road in Alton. The plaintiffs, William and...

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