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MCKIBBIN v. CITY OF LEBANON

No. 2001-742.

149 N.H. 59 (2003)

A.D. MCKIBBIN v. CITY OF LEBANON

Supreme Court of New Hampshire.

Opinion Issued: January 21, 2003.

Attorney(s) appearing for the Case

Schuster, Buttrey & Wing, P.A., of Lebanon (Barry C. Schuster on the brief and orally), for the plaintiff.

Gardner & Fulton, P.L.L.C., of Lebanon (H. Bernard Waugh, Jr. on the brief and orally), for the defendant.

Cleveland, Waters and Bass, P.A., of Concord (David W. Rayment and William B. Pribis on the brief, and Mr. Rayment orally), for the intervenors, Bayson Properties, Inc. and Hannaford Bros. Co.

DALIANIS, J.

The plaintiff, A.D. McKibbin, appeals a decision of the Superior Court (Burling, J.) affirming a decision of the City of Lebanon Zoning Board of Adjustment (board) granting an application for a special exception to intervenor Bayson Properties, Inc. (applicant). We affirm.

The following relevant facts are contained in the certified record. The applicant owns approximately ten acres of real property near Heater Road and Route 120 in the...

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