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MONAHAN-FORTIN PROPERTIES v. TOWN OF HUDSON

No. 2001-702.

148 N.H. 769 (2002)

MONAHAN-FORTIN PROPERTIES, LLC v. TOWN OF HUDSON

Supreme Court of New Hampshire.

Opinion Issued: December 24, 2002.

Attorney(s) appearing for the Case

Prunier, Leonard & Prolman, P.A., of Nashua (Andrew A. Prolman on the brief and orally), for the plaintiff.

Bossie, Kelly, Hodes, Buckley & Wilson, P.A., of Manchester (Stephen C. Buckley on the brief and orally), for the defendant.

Kevin P. Chisholm, of Concord, by brief, for the New Hampshire Municipal Association, as amicus curiae.

Hebert & Uchida, P.L.L.C., of Concord (Donald F. Hebert on the brief), for the Home Builders & Remodelers Association of New Hampshire, as amicus curiae.

BRODERICK, J.

The defendant, Town of Hudson (town), appeals from a decision of the Superior Court (Hampsey, J.) barring it from applying its growth management ordinance to the plaintiff's condominium project on the basis that the project was also subject to the town's impact fee ordinance. See RSA 674:21, V(h) (1996). We reverse.

The record supports the following facts. The plaintiff, Monahan-Fortin Properties, LLC, owns property along the Merrimack...

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