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PORTSMOUTH COUNTRY CLUB v. TOWN OF GREENLAND

No. 2004-501.

152 N.H. 617 (2005)

PORTSMOUTH COUNTRY CLUB v. TOWN OF GREENLAND

Supreme Court of New Hampshire.

Opinion Issued: September 21, 2005.

Attorney(s) appearing for the Case

Boynton, Waldron, Doleac, Woodman & Scott, P.A., of Portsmouth (Ralph R. Woodman, Jr., on the brief and orally), for the plaintiff.

Peter J. Loughlin, of Portsmouth, on the brief and orally, for the defendant.

NADEAU, J.

The defendant, the Town of Greenland (Town), appeals an order of the Superior Court (McHugh, J.) ruling that the Town cannot continue to tax the golf holes on the plaintiff's golf course as improvements in addition to taxing the underlying land as open space. The plaintiff, Portsmouth Country Club (Club) cross-appeals, challenging the trial court's refusal to apply its ruling retroactively and to award the Club attorney's fees. We affirm.

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