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SMAGULA v. TOWN OF HOOKSETT

No. 2003-076.

149 N.H. 784 (2003)

RENE R. SMAGULA v. TOWN OF HOOKSETT & a.

Supreme Court of New Hampshire.

Opinion Issued: August 25, 2003.

Attorney(s) appearing for the Case

Nancy B. Winneg, non-lawyer representative appearing by approval of the Supreme Court under Rule 33(2), by brief and orally, for the plaintiff.

Upton & Hatfield, of Concord (Barton L. Mayer on the brief and orally), and Gallagher, Callahan & Gartrell, P.A., of Concord (Michael D. Ramsdell on the brief), for the defendants.

DUGGAN, J.

The plaintiff, Rene R. Smagula, appeals an order of the Superior Court (McGuire, J.) upholding the defendant Town of Hooksett's (town) rejection of his protest petition. The plaintiff argues that the court erred in excluding property owners in a neighboring municipality from the petition, and in permitting the town to dispute the accuracy of its own tax maps with outside data. We reverse and remand.

The following facts are undisputed or supported...

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