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UPTON v. TOWN OF HOPKINTON

No. 2007-574.

945 A.2d 670 (2008)

Barry O. UPTON v. TOWN OF HOPKINTON.

Supreme Court of New Hampshire.

Opinion Issued: April 8, 2008.

Attorney(s) appearing for the Case

Cronin & Bisson, P.C., of Manchester (Daniel D. Muller, Jr. and John G. Cronin, on the brief, and Mr. Cronin orally), for the petitioner.

Upton & Hatfield, LLP, of Concord (Russell F. Hilliard and Matthew R. Serge, on the brief, and Mr. Hilliard orally), for the respondent.

DUGGAN, J.

The petitioner, Barry O. Upton, appeals the order of the Superior Court (Conboy, J.) upholding the decision of the planning board (board) for the respondent, Town of Hopkinton (Town), to condition its approval of his subdivision plan upon his paying one-third of the cost to improve a portion of Branch Londonderry Turnpike (Turnpike). We affirm.

The record reflects the following facts. The petitioner...

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