Legal Opinion

Town of Wolfeboro v. Smith

Supreme Court of New Hampshire

Decided March 6, 1989No. 87-434PublishedCited by 35 opinions

1Opinion of the CourtJohnson, J.

The plaintiff, Town of Wolfeboro (Planning Board) (hereinafter the Town), appeals from an order of the Superior Court {Dickson, J.) denying the imposition of a cease and desist order, based on its finding, upon an agreed statement of facts, that the defendants were entitled to continue excavating their property, under Laws 1979, 481:3, the grandfather clause of RSA chapter 155-E. We reverse and remand.

The defendants are the owners of approximately thirty-five acres of land located in Wolfeboro. Since 1950, when previous owners began excavating the property, an excavation pit has been…

2Cases cited22 opinions

  1. Syracuse Aggregate Corp. v. WeiseNew York Court of Appeals · 1980
  2. Town of Burlington v. DunnMassachusetts Supreme Judicial Court · 1945
  3. Defelice v. Zoning Board of AppealsSupreme Court of Connecticut · 1943
  4. Cheswick Borough v. BechmanSupreme Court of Pennsylvania · 1945
  5. McCaslin v. City of Monterey ParkCalifornia Court of Appeal · 1958

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3Cited by35 opinions

  1. Great Lakes Aircraft Co. v. City of ClaremontSupreme Court of New Hampshire · 1992
  2. City of University Place v. McGuireWashington Supreme Court · 2001
  3. City of University Place v. McGuireWashington Supreme Court · 2001
  4. Connecticut Resources Recovery Authority v. Planning & Zoning CommissionSupreme Court of Connecticut · 1993
  5. Hansen Brothers Enterprises, Inc. v. Board of SupervisorsCalifornia Supreme Court · 1996

30 more not listed; retrieve them via the Exa API.

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