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SHOPLAND v. TOWN OF ENFIELD

No. 2002-812

151 N.H. 219 (2004)

RUSSELL SHOPLAND & a. v. TOWN OF ENFIELD

Supreme Court of New Hampshire

Opinion Issued: July 15, 2004

Attorney(s) appearing for the Case

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

Upton & Hatfield, LLP, of Concord (Barton L. Mayer on the brief and orally), for the defendant.

DUGGAN, J.

The defendant, Town of Enfield (town), appeals an order of the Superior Court (Smith, J.) vacating the decision of the zoning board of adjustment (ZBA) denying a variance to the plaintiffs, Russell and Lindsay Shopland. We reverse and remand.

The following facts were found by the trial court or are evident from the record. The Shoplands own a seasonal cottage along the shores of Crystal Lake in the town of Enfield. The cottage consists of...

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