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HOOKSETT CONSERVATION COMM'N v. HOOKSETT ZONING BD. OF ADJUSTMENT

No. 2001-370.

149 N.H. 63 (2003)

HOOKSETT CONSERVATION COMMISSION v. HOOKSETT ZONING BOARD OF ADJUSTMENT

Supreme Court of New Hampshire.

Reargued: January 14, 2003.

Opinion Issued: January 23, 2003.

Attorney(s) appearing for the Case

Baldwin, Callen, Hogan & Kidd, PLLC, of Concord (Scott E. Hogan on the brief and orally), for the plaintiff.

Drescher & Dokmo, PA, of Milford (William R. Drescher on the brief and orally), for the defendant.

McNicholas & Willoughby, PA, of Concord, for the intervenor, filed no brief.

DUGGAN, J.

The defendant, Hooksett Zoning Board of Adjustment (ZBA) and the intervenor, Sered Memorial, LLC (Sered), appeal an order of the Superior Court (McGuire, J.) denying their motion to dismiss. They argue that the superior court erred in ruling that the plaintiff, the Hooksett Conservation Commission (commission), has standing to appeal a decision of the ZBA to the superior court pursuant to RSA 677:4 (1996 & Supp. 2000) (amended 2000). We reverse...

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