Town of Merrimack v. Spade

The issue in this zoning case is whether the trial court erred in ruling that the defendant was not entitled to damages on an injunction bond. We hold that the court erred.

In August 1977, the defendant, Ralph R. Spade, purchased from Frank Robbins the property in question, located in a residential *923district. At that time, Robbins had been operating an antique shop and an automobile repair and body shop on the land as a preexisting nonconforming use. After taking possession, Spade began making repairs and alterations to the interior of the building, with the intention of continuing the…