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MALACHY GLEN ASSOC. v. TOWN OF CHICHESTER

Nos. 2004-886, 2006-111.

920 A.2d 1192 (2007)

MALACHY GLEN ASSOCIATES, INC. v. TOWN OF CHICHESTER.

Supreme Court of New Hampshire.

Opinion Issued: March 20, 2007.

Attorney(s) appearing for the Case

Tarbell Professional Association, of Concord (Friedrich K. Moeckel on the brief and orally), for the plaintiff.

Upton & Hatfield, LLP, of Concord (Matthew R. Serge on the brief and orally), for the defendant.

HICKS, J.

In these consolidated land use appeals, the defendant, Town of Chichester (town), appeals a ruling of the Superior Court (McGuire, J.) reversing a decision by the Chichester Zoning Board of Adjustment (ZBA) to deny a variance to the plaintiff, Malachy Glen Associates, Inc. Because we affirm this ruling, we need not address the other issues raised on appeal.

The record reflects the following facts. In March 2000, the Chichester Planning Board...

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