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CITIZENS OF E. DERRY FIRE PRECINCT v. TOWN OF DERRY

No. 2001-383.

148 N.H. 510 (2002)

CITIZENS OF EAST DERRY FIRE PRECINCT & a. v. TOWN OF DERRY

Supreme Court of New Hampshire.

Opinion Issued: November 18, 2002.

Attorney(s) appearing for the Case

Sumner F. Kalman, Attorney at Law, P.C., of Plaistow (Sumner F. Kalman on the brief and orally), for the plaintiffs.

Boutin & Associates, P.L.L.C., of Londonderry (Brenda E. Keith on the brief, and Edmund J. Boutin orally), for the defendant.

BROCK, C.J.

The defendant, Town of Derry, appeals from an order of the Superior Court (Coffey, J.) vacating the Derry Town Council's decision to change the boundaries of the East Derry Fire Precinct (EDFP), granting the plaintiffs' motion for attorney's fees, and denying the defendant's motion for attorney's fees. We reverse in part, affirm in part, and remand.

The relevant facts are either contained in the record, or are undisputed on appeal. The EDFP...

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