Sklar Realty, Inc. v. Town of Merrimack

Each of these consolidated appeals challenges the action of the superior court in adopting the recommendations of its Master (Walter L. Mitchell, III, Esq.). In the first case, the plaintiff petitioned the superior court for a writ of certiorari under RSA 36:34 (Supp. 1983) (current version at RSA 677:15 (Supp. 1983)) to review the actions of the Planning Board of Merrimack (board). The board had granted the application of the defendant Agway, Inc. for approval to construct a dry feed plant. The Superior Court (Flynn, J.) denied relief on all but one issue, on which it remanded the matter to…