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CONTINENTAL PAV., INC. v. TOWN OF LITCHFIELD

No. 2008-370.

969 A.2d 467 (2009)

CONTINENTAL PAVING, INC. and another. v. TOWN OF LITCHFIELD.

Supreme Court of New Hampshire.

Opinion Issued: April 9, 2009.

Attorney(s) appearing for the Case

Hage & Hodes, P.A., of Manchester (David E. LeFevre on the brief and orally), for the appellant.

Gottesman & Hollis P.A., of Nashua (Morgan A. Hollis on the brief and orally), for the appellees.

HICKS, J.

The appellant, Town of Litchfield (Town), appeals an order of the Superior Court (Groff, J.), adopting an order of the Judicial Referee (Perkins, J.), vacating a decision of the Town's zoning board of adjustment (ZBA) that had denied a special exception to the appellees, Continental Paving, Inc. (Continental) and New England Power Company (NEPC). We affirm.

The trial court found, or the record supports, the following facts. Continental sought a special...

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