Metzger v. Town of Brentwood

This case was here before, at which time it was held that Haigh Road, on which plaintiffs’ land fronts, and which was closed subject to gates and bars, was not a “public right of way” as that term was used in the Brentwood zoning ordinance. Plaintiffs therefore did not have the required two hundred feet frontage as required by the ordinance for a building permit. Metzger v. Brentwood, 115 N.H. 287, 343 A.2d 24 (1975).

Because the trial court in the prior case had decided in favor of the plaintiffs, certain issues had not been raised, among them being whether the ordinance as applied to…