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TAYLOR v. TOWN OF WAKEFIELD

No. 2008-223.

959 A.2d 217 (2008)

Greg TAYLOR and Gail Taylor, Trustees of Shady Acres Realty Trust v. TOWN OF WAKEFIELD Town of Wakefield Board of Selectmen v. Town of Wakefield Zoning Board of Adjustment.

Supreme Court of New Hampshire.

Opinion Issued: October 31, 2008.

Attorney(s) appearing for the Case

Wholey & Pelech Law Office, of Portsmouth (Bernard W. Pelech, on the joint brief and orally), for Greg and Gail Taylor.

Sager Law, PLLC, of Ossipee (Richard D. Sager, on the joint brief and orally), for the Town of Wakefield Board of Selectmen.

Walker & Varney, P.C., of Wolfeboro (Thomas R. Walker, on the brief and orally), for intervenors Peter A. Harrington and Amy M. Harrington.

McNeill, Taylor and Gallo, P.A., of Dover (William L. Tanguay, on the brief and orally), for intervenors James F. Doyle and Charles K. McLaughlin.

DUGGAN, J.

Greg and Gail Taylor, trustees of Shady Acres Realty Trust, challenge a Superior Court (Fitzgerald, J.) order affirming a decision of the Town of Wakefield Zoning Board of Adjustment (ZBA) granting, with conditions, an equitable waiver for a thirty-five-foot wide waterfront access easement from land owned by intervenors Peter and Amy Harrington over the Taylors' waterfront lot. Because we conclude that the superior court erred in concluding that...

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