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WEARE LAND USE ASSOC. v. TOWN OF WEARE

No. 2004-849.

153 N.H. 510 (2006)

WEARE LAND USE ASSOCIATION v. TOWN OF WEARE & a.

Supreme Court of New Hampshire.

Opinion Issued: May 18, 2006.

Attorney(s) appearing for the Case

Sumner F. Kalman, Attorney at Law, P.C., of Plaistow (Thea S. Valvanis and Sumner F. Kalman on the brief, and Mr. Kalman orally), for the plaintiff.

Boutin & Associates, P.L.L.C., of Londonderry (Brenda E. Keith on the brief and orally), for the defendants.

HICKS, J.

The plaintiff, Weare Land Use Association (Association), appeals a decision of the Superior Court (Mangones, J.) upholding the validity of an interim growth management ordinance adopted by defendant Town of Weare (town). We affirm and remand.

The trial court found the following relevant facts. On March 9, 2004, the town adopted an interim growth management ordinance (ordinance), which for a one-year period beginning on March 9, 2004, prohibited...

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