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IN RE CITY OF CONCORD

No. 2009-805.

13 A.3d 287 (2010)

Appeal of CITY OF CONCORD.

Supreme Court of New Hampshire.

Opinion Issued: November 24, 2010.

Attorney(s) appearing for the Case

Gardner, Fulton & Waugh, PLLC, of Lebanon ( H. Bernard Waugh, Jr. on the brief and orally), for the petitioner.

Juniper Fells, LLC, of Manchester, filed no brief.

DUGGAN, J.

The City of Concord (City) appeals an adverse ruling of the New Hampshire Board of Tax and Land Appeals (BTLA). We reverse.

The following facts are supported by the record. Juniper Fells, LLC (taxpayer) sought cluster subdivision approval from the City for a subdivision known as Juniper Fells Phase IV consisting of five building lots and a common area. The total acreage of the building lots was less than ten acres. The common area consisted of 14...

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