Gutoski v. Town of Winchester

114 N.H. 414 (1974)

FRANCIS C. GUTOSKI & a.

v.

TOWN OF WINCHESTER.

No. 6742.

Supreme Court of New Hampshire.

June 28, 1974.

Olson, Reynolds & McMahon (Mr. Lewis A. McMahon orally) for the plaintiffs.

William H. Watson, by brief and orally, for the defendant.

GRIMES, J.

In this declaratory judgment action, the plaintiffs seek to have a zoning ordinance declared void and of no effect on the grounds that it was not properly enacted and that it is "vague, ambiguous, is incomplete and lacks definition".

Following a trial by the court, the petition was denied on the ground that there was no justiciable issue.…