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GARRISON v. TOWN OF HENNIKER

No. 2005-471.

907 A.2d 948 (2006)

Robert L. GARRISON and another. v. TOWN OF HENNIKER.

Supreme Court of New Hampshire.

Opinion Issued: August 2, 2006.

Rehearing Denied September 20, 2006.

Attorney(s) appearing for the Case

Fernald, Taft, Falby & Little, P.A., of Peterborough (Silas Little, on the brief and orally), for the plaintiffs.

Soule, Leslie, Kidder, Sayward, of Salem (Diane M. Gorrow, on the joint brief), for the defendant.

Shaheen & Gordon, P.A., of Concord (Arpiar G. Saunders, Jr. and Karyn P. Forbes, on the joint brief, and Mr. Saunders orally), for the intervenor, Green Mountain Explosives, Inc.

DUGGAN, J.

The intervenor, Green Mountain Explosives, Inc. (GME), appeals an order of the Superior Court (McGuire, J.) reversing the decision of the Henniker Zoning Board of Adjustment (ZBA) granting GME two conditional variances. We affirm.

The following facts were found by the superior court or are evident from the record. GME manufactures explosives for use in mining, quarrying and construction. GME proposed to lease a 1,617-acre parcel owned by...

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