BAYSON PROPERTIES v. CITY OF LEBANON

No. 2002-538.

150 N.H. 167 (2003)

BAYSON PROPERTIES, INC. & a. v. CITY OF LEBANON.

Supreme Court of New Hampshire.

Opinion Issued: October 24, 2003.


Attorney(s) appearing for the Case

Cleveland, Waters and Bass, P.A., of Concord (David W. Rayment on the brief and orally), for the plaintiffs.

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

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


BROCK, C.J.

The plaintiffs, Bayson Properties, Inc. (Bayson) and Hannaford Brothers Co. (Hannaford), appeal a decision of the Superior Court (Smith, J.) affirming a decision of the planning board (board) of the defendant, the City of Lebanon, denying their site plan application to construct a 56,000 square foot grocery store and a parking lot with 302 parking spaces located between Heater Road and Route 120 in Lebanon. We affirm.

Bayson is the owner...

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