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McKENZIE v. TOWN OF EATON ZONING BD.

No. 2005-778.

917 A.2d 193 (2007)

Kenneth McKENZIE v. TOWN OF EATON ZONING BOARD OF ADJUSTMENT.

Supreme Court of New Hampshire.

Opinion Issued: January 31, 2007.

Attorney(s) appearing for the Case

Hastings Law Office, P.A., of Fryeburg, Maine (Peter J. Malia, Jr. on the brief and orally), for the plaintiff.

Gardner, Fulton & Waugh, P.L.L.C., of Lebanon (H. Bernard Waugh, Jr. on the brief and orally), for the defendant.

Melendy & Lee, P.A., of Conway (Fay E. Melendy on the brief and orally), for the intervenor.

GALWAY, J.

The defendant, the Town of Eaton Zoning Board of Adjustment (ZBA), and the intervenor, Nancy Burns, appeal a ruling of the Superior Court (Fauver, J.) that upheld the constitutionality of an ordinance enacted by the Town. We affirm.

The record supports the following. In 1981, the town issued a building permit to Burns, allowing her to place a storage shed fifty-nine feet from the shore of a lake...

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