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ANDERSON v. MOTORSPORTS HOLDINGS, LLC

No. 2006-008.

926 A.2d 261 (2007)

Maud ANDERSON & a. v. MOTORSPORTS HOLDINGS, LLC.

Supreme Court of New Hampshire.

Opinion Issued: May 30, 2007.

Rehearing Denied July 16, 2007.

Attorney(s) appearing for the Case

Rath, Young and Pignatelli, P.C., of Concord (Andrew W. Serell on the brief and orally), for the petitioners.

Devine, Millimet & Branch, P.A., of Manchester (Susan V. Duprey & a. on the brief, and Thomas Quarles, Jr. orally), for the respondent.

Paul G. Sanderson, of Concord, by brief, for the New Hampshire Local Government Center, as amicus curiae.

Baldwin, Callen & Ransom, PLLC, of Concord (Jed Z. Callen on the brief) for the New Hampshire Association of Conservation Commissions, as amicus curiae.

GALWAY, J.

The respondent, Motorsports Holdings, LLC, appeals an order of the Superior Court (McHugh, J.) denying its motion for summary judgment and granting the cross-motion for summary judgment filed by the petitioners, who are residents of the town of Tamworth. We affirm.

The following facts are undisputed. The respondent owns approximately 250 acres of land in Tamworth, on which it wishes to build a private, 3.1-mile automobile racetrack to be...

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