PIKE INDUSTRIES, INC. v. WOODWARD

No. 2009-126.

999 A.2d 257 (2010)

PIKE INDUSTRIES, INC. and another v. Brian WOODWARD and another.

Supreme Court of New Hampshire.

Opinion Issued: May 7, 2010.


Attorney(s) appearing for the Case

Shaheen & Gordon, P.A., of Concord (Karyn P. Forbes and Arpiar G. Saunders, Jr. on the brief, and Ms. Forbes orally), for appellees, Pike Industries, Inc. and Redimix Companies, Inc.

Casassa and Ryan, of Hampton (John J. Ryan on the brief and orally), for the appellants.

Wyskiel, Boc, Tillinghast & Bolduc, P.A., of Dover (Christopher A. Wyskiel on the brief and orally), for the Town of Madbury.


DUGGAN, J.

The appellants, Brian Woodward and other abutters of Pike Industries, Inc.'s (Pike) asphalt plant, appeal a ruling of the Superior Court (Tucker, J.) reversing the decision of the Town of Madbury Zoning Board of Adjustment (ZBA) that Pike had discontinued its nonconforming use of its plant. We affirm in part and reverse in part.

The following facts are drawn from the administrative record. Beginning prior to

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