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HILL-GRANT LIVING TRUST v. KEARSARGE

No. 2009-023.

986 A.2d 662 (2009)

The HILL-GRANT LIVING TRUST v. KEARSARGE LIGHTING PRECINCT.

Supreme Court of New Hampshire.

Opinion Issued: December 16, 2009.

Attorney(s) appearing for the Case

Cooper Cargill Chant, P.A., of North Conway (Randall F. Cooper on the brief and orally), for the plaintiff.

Boynton, Waldron, Doleac, Woodman & Scott, P.A., of Portsmouth (William G. Scott and Leslie M. Leonard on the brief, and Mr. Scott orally), for the defendant.

HICKS, J.

The plaintiff, Hill-Grant Living Trust, appeals an order of the Superior Court (Houran, J.) granting summary judgment to the defendant, Kearsarge Lighting Precinct, and denying its cross-motion for summary judgment, on the ground that the plaintiff's regulatory taking claim is premature. We affirm.

The trial court's order recited the following facts. Kearsarge Lighting Precinct is a village district that has the authority to promulgate zoning...

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