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• Title: Harold P. Vannah & a v. Town Bedford
• Author : Supreme Court of New Hampshire
• Release Date : January 05, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Appeal to the superior court under RSA 31:77 (supp.) from the denial by the Board of Adjustment of plaintiffs' request for
a variance from the terms of the defendant town's zoning ordinance for the purpose of building a gasoline service station
on their property on Route 3 situated in a "Residential and Agricultural" district. Hearing with a view, before a Master (Robert
W. Pillsbury, Esq.) resulted in certain findings and rulings, a Conclusion that the decision of the Board was unreasonable
and a recommendation that the Board's order be vacated and the matter "remanded to the Board for further consideration of
the question whether this request for variances should be granted in light of the Master's findings and rulings...." The master's
report was approved by Flynn, J. who remanded the matter "to the Board of Adjustment for such further proceedings, not inconsistent
with the Report of the Master, as Justice may require." The exceptions of the parties to the denial of their respective objections
to the master's report together with their other exceptions of record were reserved and transferred. A transcript was made of the hearing before the Board of Adjustment held on May 19, 1969. At that hearing plaintiffs presented
the testimony of plaintiff Therese Vannah, that of a realtor and appraiser, of a representative of the oil company holding
an option to purchase the Vannah property, and also the testimony of a transportation consultant and of a psychiatrist who
has treated plaintiff Harold Vannah. There was also testimony by a selectman of the town, by residents of Park Drive located
northerly of the Vannah property, and of others who testified or asked questions.

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