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SEVERANCE v. TOWN OF EPSOM

No. 2005-868.

923 A.2d 1057 (2007)

Melvin SEVERANCE, III and another v. TOWN OF EPSOM.

Supreme Court of New Hampshire.

Opinion Issued: May 1, 2007.

Attorney(s) appearing for the Case

Wadleigh, Starr & Peters, P.L.L.C., of Manchester (Robert E. Murphy, Jr. on the brief and orally), for the plaintiffs.

Soltani/Mosca P.L.L.C., of Epsom (Edward C. Mosca on the brief and orally), for the defendant.

HICKS, J.

The defendant, Town of Epsom (town), appeals a ruling of the Superior Court (McGuire, J.) reversing a decision by the Epsom Zoning Board of Adjustment (ZBA) barring the plaintiffs, Melvin Severance, III, Janice Severance and Donald Severance, from using their seasonal dwelling as a year-round residence. The issues before us are: (1) whether seasonal residential use is a permitted use under the town's zoning ordinance; and (2) whether year-round use...

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