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FLANAGAN v. HOLLIS

No. 6310.

112 N.H. 222 (1972)

HARRY G. FLANAGAN v. TOWN OF HOLLIS.

Supreme Court of New Hampshire.

June 30, 1972.

Attorney(s) appearing for the Case

Leonard, Prolman, Prunier & Mazerolle (Mr. Gerald R. Prunier orally) for the plaintiff.

Sullivan, Gregg & Horton and J. Jefferson Davis (Mr. Davis orally) for the defendant.

KENISON, C.J.

The issue presented in this case is whether a zoning ordinance of the town of Hollis may lawfully restrict plaintiff's right to take gravel from his land.

The town amended its zoning ordinance in May 1964, to provide:

"SECTION 3 GENERAL PROVISIONS 1. The removal from any premises of more than five hundred (500) cubic yards of sand, gravel, clay, or quarried stone in any one year . . . shall be prohibited except when...

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