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GREENE v. TOWN OF DEERING

No. 2004-256

151 N.H. 795 (2005)

CARROLL J. GREENE v. TOWN OF DEERING & a. 47 RESIDENTS OF DEERING, N.H. v. TOWN OF DEERING & a.

Supreme Court of New Hampshire

Opinion Issued: March 3, 2005

Attorney(s) appearing for the Case

G.E. Michael, PA, of Merrimack (Patricia Panciocco on the brief, and Gregory E. Michael orally), for appellee Town of Deering Zoning Board of Adjustment.

Leesteffy Jenkins, of Hillsborough, by memorandum of law and orally, for appellees 47 Residents of Deering, N.H.

Brown, Olson & Wilson, P.C., of Concord (David J. Shulock on the brief and orally), for the appellant, Carroll J. Greene.

DALIANIS, J.

The appellant, Carroll J. Greene, appeals an order of the Superior Court (Barry, J.) upholding a decision of appellee Town of Deering Zoning Board of Adjustment (ZBA), which found that Greene had unlawfully expanded his non-conforming use, and ruling that he had no right to continue to operate his commercial junkyard. We reverse and remand.

The record reflects the following facts. On March 13, 2001, the Town of Deering (town) adopted the...

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