DANIELS v. TOWN OF LONDONDERRY

No. 2008-047.

953 A.2d 406 (2008)

Ryder DANIELS and another. v. TOWN OF LONDONDERRY and another.

Supreme Court of New Hampshire.

Opinion Issued: July 15, 2008.


Attorney(s) appearing for the Case

Orr & Reno, P.A., of Concord (Jeffrey C. Spear on the brief and orally), for the petitioners.

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

McLane, Graf, Raulerson & Middleton, P.A., of Manchester (Jennifer L. Parent and Kristin M. Yasenka on the brief, and Ms. Parent orally), for the intervenor.


GALWAY, J.

The petitioners, Ryder Daniels and Gary Morrissette, appeal an order of the Superior Court (Nadeau, J.) upholding the decision of the defendants, Town of Londonderry and the Town of Londonderry Zoning Board of Adjustment (ZBA), allowing the intervenor, Omnipoint Communications, Inc. (Omnipoint), to build a wireless communications tower in an agricultural-residential zone. We affirm.

I. Background

The following facts appear...

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