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RUSSELL FOREST MGT. v. TOWN OF HENNIKER

No. 2010-719.

27 A.3d 651 (2011)

162 N.H. 141

RUSSELL FOREST MANAGEMENT, LLC v. TOWN OF HENNIKER.

Supreme Court of New Hampshire.

Opinion Issued: June 15, 2011.

Attorney(s) appearing for the Case

Lane & Bentley, P.C., of Keene ( Howard B. Lane, Jr. on the brief and orally), for the plaintiff.

Upton & Hatfield, LLP, of Concord ( Barton L. Mayer on the brief and orally), for the defendant.

DALIANIS, C.J.

The plaintiff, Russell Forest Management, LLC, appeals the order of the Superior Court (McNamara, J.) upholding the decision of the zoning board of adjustment (ZBA) of the defendant, Town of Henniker (Town), that a public highway did not become a private road after it was discontinued by a Town vote. We affirm.

The record reveals the following facts. Bowers Road in Henniker was originally laid...

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