RYE SELECTMEN v. RYE ZON. BD. OF ADJUS.

No. 2006-598.

930 A.2d 382 (2007)

TOWN OF RYE BOARD OF SELECTMEN v. TOWN OF RYE ZONING BOARD OF ADJUSTMENT.

Supreme Court of New Hampshire.

Opinion Issued: June 26, 2007.

Rehearing Denied August 20, 2007.


Attorney(s) appearing for the Case

Michael L. Donovan, of Concord, by brief and orally, for the plaintiff.

Bosen & Springer, PLLC, of Portsmouth (Jonathan S. Springer, on the brief and orally), for the defendant.

Cronin & Bisson, P.C., of Manchester (John F. Bisson and John G. Cronin, on the brief, and Mr. Cronin orally), for the intervenor, 228 Maple Street, LLC.


GALWAY, J.

The plaintiff, the Town of Rye Board of Selectmen (Selectmen), appeals an order of the Superior Court (Morrill, J.) upholding a decision of the Town of Rye Zoning Board of Adjustment (ZBA) to allow the intervenor, 228 Maple Street, LLC (228 Maple), to convert buildings that it owns to condominiums. We affirm.

The following facts are undisputed. 228 Maple owns a 1.29-acre parcel in Rye on which ten cottage-style buildings and one building...

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