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AWL POWER v. CITY OF ROCHESTER

No. 2001-533.

148 N.H. 603 (2002)

AWL POWER, INC. v. CITY OF ROCHESTER & a.

Supreme Court of New Hampshire.

Opinion Issued: December 9, 2002.

Attorney(s) appearing for the Case

Cleveland, Waters and Bass, P.A., of Concord (David W. Rayment and William B. Pribis on the brief, and Mr. Rayment orally), for the plaintiff.

Wensley, Wirth & Azarian, of Rochester (Danford J. Wensley on the brief and orally), for the defendants.

Gallagher, Callahan & Gartrell, P.A., of Concord (Michael R. Callahan and Michael D. Ramsdell on the brief), for the Home Builders & Remodelers Association of New Hampshire, as amicus curiae.

DUGGAN, J.

The plaintiff, developer AWL Power, Inc., appeals an order of the Superior Court (T. Nadeau, J.) upholding the Rochester Planning Board's (planning board) decision to revoke the plaintiffs subdivision and site plan approvals on the ground that the plaintiffs right to complete construction had not vested. We reverse and remand.

The trial court found the following facts. The developer owns a 23.78acre parcel of land in the City of Rochester...

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