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LOWER BARTLETT WATER PRECINCT v. MURNIK

No. 2004-161.

150 N.H. 690 (2004)

LOWER BARTLETT WATER PRECINCT v. RICK MURNIK & a.

Supreme Court of New Hampshire.

Opinion Issued: April 1, 2004.

Attorney(s) appearing for the Case

Ransmeier & Spellman, P.C., of Concord (Timothy E. Britain and John T. Alexander on the brief, and Mr. Alexander orally), for the petitioner.

Cooper, Deans & Cargill, P.A., of North Conway (Randall F. Cooper and Paul W. Chant on the brief, and Mr. Chant orally), for the respondents.

DUGGAN, J.

The respondents, twenty-six registered voters in the Lower Bartlett Water Precinct, appeal the order of the Superior Court (Vaughan, J.) declaring their petition for repeal of the Lower Bartlett Water Precinct Land Use Ordinance (zoning ordinance) defective and denying their requests for mandamus and attorney's fees. We reverse in part and remand.

The relevant facts follow. The petitioner, the Lower Bartlett Water Precinct (Precinct), is...

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