Disco v. Board of Selectmen

Petition for injunction and appeal under RSA 31:74-77 contesting the validity of a declaration by the town moderator that a warrant article amending the zoning ordinance and map of the town of Amherst had been adopted by a majority vote at the regular town meeting on March 4, 1975. By its terms the amendment was intended to change from a “Rural” to a “Commercial” classification lots 57-1 and 57-2. Plaintiffs contend that a valid protest under RSA 31:64 was duly filed thus requiring for adoption a “favorable vote of two thirds of all the members of the legislative body [town meeting] of such…