BRANDT DEVELOPMENT v. CITY OF SOMERSWORTH

No. 2010-641.

34 A.3d 593 (2011)

162 N.H. 553

BRANDT DEVELOPMENT COMPANY OF NEW HAMPSHIRE, LLC v. CITY OF SOMERSWORTH.

Supreme Court of New Hampshire.

Opinion Issued: October 12, 2011.


Attorney(s) appearing for the Case

Donahue Tucker & Ciandella, PLLC, of Portsmouth ( Christopher L. Boldt and Keriann Roman on the brief, and Mr. Boldt orally), for the petitioner.

Mitchell Municipal Group, P.A., of Laconia ( Walter L. Mitchell and Leigh S. Willey on the brief, and Mr. Mitchell orally), for the respondent.


LYNN, J.

The petitioner, Brandt Development Company of New Hampshire, LLC (Brandt), appeals an order of the Superior Court (O'Neill, J.) upholding the decision of respondent City of Somersworth's (City) zoning board of adjustment (ZBA) to deny its application for a variance. We reverse and remand.

The following facts are drawn from the record. Brandt owns a house and attached barn on Myrtle Street in the residential...

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