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TAYLOR v. TOWN OF PLAISTOW

No. 2004-337.

152 N.H. 142 (2005)

RICHARD TAYLOR & a. v. TOWN OF PLAISTOW

Supreme Court of New Hampshire.

Opinion Issued: April 22, 2005.

Attorney(s) appearing for the Case

Engel & Associates, P.A., of Exeter (David C. Engel on the brief and orally), for the plaintiffs.

Devine, Millimet & Branch, P.A., of Manchester (John P. Sherman on the brief, and Donald E. Gardner orally), for the defendant.

DUGGAN, J.

The plaintiffs, Dick Taylor's Tire and Truck Sales, Inc. and its proprietor, Richard Taylor, appeal a decision of the Superior Court (Morrill, J.) upholding the validity of a zoning ordinance enacted by the defendant, Town of Plaistow (Town). We affirm.

The trial court found the following facts. In April 1997, the Town adopted an amendment to its zoning ordinance that requires a minimum of 1,000 feet between vehicular dealerships in the Commercial...

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