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CHURCHILL REALTY v. CITY OF DOVER ZON. BD.

No. 2007-043.

941 A.2d 584 (2008)

CHURCHILL REALTY TRUST v. CITY OF DOVER ZONING BOARD OF ADJUSTMENT.

Supreme Court of New Hampshire.

Opinion Issued: January 15, 2008.

Attorney(s) appearing for the Case

McNeill, Taylor & Gallo, P.A., of Dover (Francis X. Bruton, III on the brief and orally), for the petitioner.

Allan B. Krans, Sr., of Dover, by brief and orally, for the respondent.

HICKS, J.

The petitioner, Churchill Realty Trust, appeals an order of the Superior Court (Mohl, J.) affirming a decision of the respondent, City of Dover Zoning Board of Adjustment (ZBA), which in turn upheld a denial by the Dover building official of the petitioner's proposed apartment project expansion. We reverse.

The trial court found the following facts. The petitioner owns a parcel of land in Dover and an adjacent parcel of land in Rollinsford...

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