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BOYLE v. CITY OF PORTSMOUTH

No. 2005-432.

910 A.2d 1229 (2006)

James BOYLE, Trustee, 150 Greenleaf Avenue Realty Trust v. CITY OF PORTSMOUTH.

Supreme Court of New Hampshire.

Opinion Issued: November 22, 2006.

Attorney(s) appearing for the Case

Wholey & Pelech Law Office, of Portsmouth (Bernard W. Pelech on the brief and orally), for the plaintiff.

Suzanne M. Woodland, assistant city attorney, of Portsmouth, by brief and orally, for the defendant.

DALIANIS, J.

The plaintiff, James Boyle, Trustee of 150 Greenleaf Avenue Realty Trust, appeals an order of the Superior Court (McHugh, J.) affirming a ruling by the zoning board of adjustment (ZBA) of the defendant, City of Portsmouth (city), that he was required to obtain a variance. We reverse and remand.

The following facts appear in the record. The plaintiff operates Portsmouth Toyota, a new and used motor...

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