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AVERY v. NEW HAMPSHIRE DEPT. OF EDUC.

No. 2010-798.

34 A.3d 712 (2011)

162 N.H. 604

Curtis AVERY and another v. NEW HAMPSHIRE DEPARTMENT OF EDUCATION and another.

Supreme Court of New Hampshire.

Opinion Issued: October 27, 2011.

Attorney(s) appearing for the Case

Hall, Morse, Anderson, Miller & Spinella, P.C., of Concord ( Frank P. Spinella, Jr. on the brief and orally), for the petitioners.

Michael A. Delaney , attorney general ( Anne M. Edwards , associate attorney general, and Kristen A. Fiore , attorney, on the memorandum of law), for respondent New Hampshire Department of Education.

Upton & Hatfield, LLP, of Concord ( John F. Teague and James A. O'Shaughnessy on the brief, and Mr. O'Shaughnessy orally), for respondent Concord School District.

HICKS, J.

The petitioners, Curtis and Deborah Avery, appeal an order of the Superior Court (McNamara, J.) dismissing their petition for declaratory judgment relating to a lot size waiver granted to respondent Concord School District (District) by respondent New Hampshire Department of Education (DOE). We affirm.

The following facts are taken from the record. In December 2009, the School Board for the District voted to demolish and rebuild Kimball School...

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