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RICHMOND CO. v. CITY OF CONCORD

No. 2002-314.

149 N.H. 312 (2003)

THE RICHMOND COMPANY, INC., INDIVIDUALLY AND AS AGENT FOR ATCNH REALTY, LLC v. CITY OF CONCORD

Supreme Court of New Hampshire.

Opinion Issued: April 11, 2003.

Attorney(s) appearing for the Case

Cleveland, Waters and Bass, P.A., of Concord (David W. Rayment and Philip M. Hastings on the brief, and Mr. Rayment orally), for the plaintiff.

Paul F. Cavanaugh, city solicitor, of Concord, and Peter J. Loughlin, of Portsmouth (Mr. Cavanaugh and Mr. Loughlin on the brief, and Mr. Loughlin orally), for the defendant.

Charles P. Bauer, of Concord, by brief and orally, pro se, as intervenor.

DALIANIS, J.

The plaintiff, The Richmond Company, Inc. (Richmond), was denied site plan approval by the City of Concord Planning Board (board) to construct a retail shopping center, but successfully appealed the decision to the Superior Court (Arnold, J.). The defendant, City of Concord (city), appeals the trial court's decision and the plaintiff crossappeals. We reverse.

In March 2001, Richmond applied for site plan approval to construct a shopping...

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