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ROBWOOD ADV. ASSO. v. NASHUA

No. 4754.

102 N.H. 215 (1959)

ROBWOOD ADVERTISING ASSOCIATES, INC. v. NASHUA.

Supreme Court of New Hampshire.

Decided July 10, 1959.

Attorney(s) appearing for the Case

Devine, Millimet & McDonough and Matthias J. Reynolds (Mr. Millimet orally), for the plaintiff.

Leo R. Lesieur, city solicitor, for the defendant.

BLANDIN, J.

The fundamental issue before us is the validity of the so-called "consent provision" of the 1957 city of Nashua zoning ordinance, Article IX, s. 45-A(5). This reads as follows: "Any application for a variance in the use of land or a structure shall be accompanied by the written consent of the owners (as of record at the Assessor's office and the City Engineer's Office) of sixty (60) per cent of all real property situated within two hundred (200...

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