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PROPERTY PORTFOLIO GROUP v. TOWN OF DERRY

No. 2005-867.

913 A.2d 750 (2006)

PROPERTY PORTFOLIO GROUP, LLC v. TOWN OF DERRY and another.

Supreme Court of New Hampshire.

Opinion Issued: December 21, 2006.

As Modified on Denial of Reconsideration January 24, 2007.

Attorney(s) appearing for the Case

Griffith & Associates, PLLC, of Wilton (John P. Griffith on the brief and orally), for the petitioner.

Boutin & Altieri, P.L.L.C., of Londonderry (Edmund J. Boutin on the brief and orally), for respondent Town of Derry.

Brennan Caron Lenehan & Iacopino, of Manchester (Ronald J. Caron and Jaye L. Rancourt on the brief, and Ms. Rancourt orally), for respondent Hall Business Restorations, LLC.

DALIANIS, J.

The petitioner, Property Portfolio Group, LLC (PPG), appeals a decision of the Trial Court (Morrill, J.) granting respondent Town of Derry's motion to dismiss PPG's petition for declaratory judgment. We affirm.

The record supports the following: Respondent Hall Business Restorations, LLC (Hall) sought a site plan determination from respondent Town of Derry Planning Board to convert a former fire...

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