BATCHELDER v. TOWN OF PLYMOUTH ZONING BD.

No. 2008-847.

999 A.2d 323 (2010)

William BATCHELDER and another v. TOWN OF PLYMOUTH ZONING BOARD OF ADJUSTMENT.

Supreme Court of New Hampshire.

Opinion Issued: May 7, 2010.


Attorney(s) appearing for the Case

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

Donahue, Tucker & Ciandella PLLC, of Exeter (John L. McGowan and John J. Ratigan on the brief, and Mr. McGowan orally), for the Town of Plymouth Zoning Board of Adjustment.

Casassa and Ryan, of Hampton (Peter J. Saari on the brief), for intervenor Topsfield Real Estate Corporation.


CONBOY, J.

The petitioners, William and Elizabeth Batchelder, appeal an order of the Superior Court (Vaughan, J.) upholding decisions of the Town of Plymouth Zoning Board of Adjustment (ZBA) and the Town of Plymouth Planning Board (Board) approving the site plan of intervenor Topsfield Real Estate Corporation (Topsfield) for construction of a Lowe's Home Improvement Center in Plymouth. We affirm.

The following facts are supported by the record. Topsfield...

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