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BOCCIA v. CITY OF PORTSMOUTH

No. 2003-493

151 N.H. 85 (2004)

MICHAEL BOCCIA & a. v. CITY OF PORTSMOUTH & a.

Supreme Court of New Hampshire

Opinion Issued: May 25, 2004

Attorney(s) appearing for the Case

Law Office of Joshua L. Gordon, of Concord (Joshua L. Gordon on the brief and orally), for the petitioners.

Robert P. Sullivan, of Portsmouth, on the joint brief, for the respondent, City of Portsmouth, and Robert G. Eaton, of Rye, on the joint brief, and Griffin & Pudloski, PA, of Portsmouth (Charles A. Griffin on the joint brief and orally), for the intervenor, Raymond A. Ramsey.

GALWAY, J.

The petitioners, abutters to property owned by the intervenor, Raymond A. Ramsey, appeal an order of the Superior Court (T. Nadeau, J.) affirming the grant of six variances by the zoning board of adjustment (ZBA) for the respondent, City of Portsmouth (City). We reverse and remand.

Ramsey owns a seven-acre parcel of undeveloped land located at the intersection of Kearsarge Way and Market Street Extension in Portsmouth. When he purchased the...

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