Appeal of Stanton

I concur with the majority that the petitioner is not an employee of the city of Manchester. Because I believe that the board is not equitably estopped *731from denying the petitioner pension benefits, however, I find it unnecessary to remand this case and, therefore, respectfully dissent. I do not dispute the facts outlined in the majority opinion; however, there are additional facts in this case.

The petitioner argues that the board should be estopped from denying him benefits because its conduct led him to believe he was eligible to participate in the plan. I agree with the majority that the…