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TORROMEO v. TOWN OF FREMONT

No. 2001-612.

148 N.H. 640 (2002)

HENRY TORROMEO v. TOWN OF FREMONT MDR CORPORATION v. TOWN OF FREMONT

Supreme Court of New Hampshire.

Opinion Issued: December 13, 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.

Casassa and Ryan, of Hampton (John J. Ryan on the brief and orally), for the defendant.

Susan Slack, of Concord, by brief, for the New Hampshire Municipal Association, as amicus curiae.

NADEAU, J.

The defendant, the Town of Fremont (town), appeals orders of the Superior Court (McHugh and Abramson, JJ.), holding the town liable to the plaintiffs, Henry Torromeo and MDR Corporation (MDR), for damages caused by the town's denial of building permits pursuant to an invalid growth control ordinance. We reverse.

The trial court found, or the record discloses, the following facts. Torromeo is the developer of Mason's Corner, a twenty...

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