Town of Exeter v. Britton

The issue on appeal is whether municipal immunity bars the collection of costs and damages on an injunction bond furnished by a town as a condition precedent to securing a temporary injunction restraining an alleged violation of the town’s zoning ordinance. We hold that it does not.

In 1970, the defendant acquired a parcel of land in a district where mobile homes were then permitted under the Exeter zoning ordinance. He intended to eventually provide facilities for between 300 and 1,000 mobile homes. He expended substantial sums installing sewer and water lines and paving streets and incurred…