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AUGER v. TOWN OF STRAFFORD

No. 2006-646.

931 A.2d 1213 (2007)

Philip AUGER and another. v. TOWN OF STRAFFORD and another.

Supreme Court of New Hampshire.

Opinion Issued: August 23, 2007.

Rehearing Denied September 27, 2007.

Attorney(s) appearing for the Case

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

Mitchell & Bates, P.A., of Laconia (Walter L. Mitchell and Judith E. Whitelaw on the memorandum of law), for the defendant.

Wiggin & Nourie, P.A., of Manchester (Gregory E. Michael and Patricia M. Panciocco on the brief, and Mr. Michael orally), for the intervenor.

DALIANIS, J.

The plaintiffs, abutters to and neighbors of a conservation development subdivision (CDS) proposed by the intervenor, Graystone Builders, Inc. (Graystone), appeal an order of the Superior Court (Fauver, J.) affirming a decision of the planning board for the defendant, the Town of Strafford, that approved Graystone's proposed CDS and yield plan. Graystone cross-appeals the trial court's remand of a wetlands issue to the board. We affirm in part...

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