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FEINS v. TOWN OF WILMOT

No. 2005-832.

919 A.2d 788 (2007)

Jonathan FEINS and another v. TOWN OF WILMOT and another.

Supreme Court of New Hampshire.

Opinion Issued: January 18, 2007.

Attorney(s) appearing for the Case

Upton & Hatfield, LLP, of Concord (Matthew R. Serge and James F. Raymond on the brief, and Mr. Serge orally), for the petitioners.

Barto and Puffer, P.A., of Concord (Mark H. Puffer on the brief and orally), for the respondents.

HICKS, J.

The petitioners, Jonathan and Amy Feins, appeal an order of the Superior Court (McGuire, J.) affirming decisions of the Wilmot Zoning Board of Adjustment (ZBA) and the Wilmot Planning Board (board) denying their site plan and subdivision applications to divide four lots for the construction of condominiums. We reverse and remand.

The trial court's order recites the following facts: The petitioners own commercially zoned property in Wilmot...

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