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HANNAFORD BROS. CO. v. TOWN OF BEDFORD

No. 2011-611.

64 A.3d 951 (2013)

HANNAFORD BROTHERS COMPANY v. TOWN OF BEDFORD and another.

Supreme Court of New Hampshire.

Opinion Issued: April 25, 2013.

Attorney(s) appearing for the Case

Cleveland, Waters and Bass, P.A., of Concord ( David W. Rayment and Mark S. Derby on the brief, and Mr. Rayment orally), for the petitioner.

Upton & Hatfield, LLP, of Concord ( Barton L. Mayer and Matthew R. Serge on the joint brief, and Mr. Mayer orally), for the Town of Bedford and Town of Bedford Zoning Board of Adjustment.

Gallagher, Callahan & Gartrell, PC, of Concord ( Ari B. Pollack and Samantha D. Elliott on the joint brief, and Ms. Elliott orally), for the intervenor, Retail Management and Development, Inc.

CONBOY, J.

The petitioner, Hannaford Brothers Company, appeals an order of the Superior Court (Tucker, J.) dismissing its appeal from a decision of the Town of Bedford Zoning Board of Adjustment (ZBA) for lack of standing. See RSA 677:4 (Supp. 2012). We affirm.

The following facts are undisputed. The petitioner owns and operates a 36,541 square foot supermarket on Route 101 in Bedford's commercial district. The petitioner obtained planning board...

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