McKinney v. Riley

Defendant Riley’s counsel advances two claims here (1) that the operation of his automobile junk yard is not in violation of the Plaistow zoning ordinances as amended in 1956 prohibiting such operations since he was operating a nonconforming use in 1955, and (2) that if the ordinance is effective as against defendant Riley’s operations it was not properly adopted in accordance with the provisions of RSA 31:63.

Counsel for defendant Riley concedes that “the finding of the Court that there was a public nuisance in the operation of the yard could be sustained on the basis of the evidence during…