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FOX v. TOWN OF GREENLAND

No. 2004-103

151 N.H. 600 (2004)

LAURA FOX & a. v. TOWN OF GREENLAND & a. TOWN OF NEWINGTON v. TOWN OF GREENLAND & a.

Supreme Court of New Hampshire

Opinion Issued: December 29, 2004

Attorney(s) appearing for the Case

Griffin & Pudloski, P.A., of Portsmouth (Charles A. Griffin on the joint brief and orally), and Robert G. Eaton, of Rye, on the joint brief, for petitioners Laura Fox & a.

McNeill, Taylor & Gallo, P.A., of Dover (William L. Tanguay on the joint brief), for petitioner Town of Newington.

Wadleigh, Starr & Peters, P.L.L.C., of Manchester (Robert E. Murphy, Jr. and William C. Tucker on the brief, and Mr. Murphy orally), and Noucas & Keenan, P.A., of Portsmouth (Christopher W. Keenan on the brief), for the intervenor, Packard Development, LLC.

DUGGAN, J.

The petitioners are the Town of Newington and several owners of property close to or abutting property owned by the intervenor, Packard Development, LLC (Packard). They appeal an order of the Superior Court (Perkins, J.) reversing the decision of the Town of Greenland Zoning Board of Adjustment (ZBA), which had granted a special exception for construction of a retail sales shopping center in Greenland. The petitioners challenge the trial court's...

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