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TAU CHAPTER v. DURHAM

No. 6370.

112 N.H. 233 (1972)

TAU CHAPTER OF ALPHA XI DELTA FRATERNITY v. TOWN OF DURHAM.

Supreme Court of New Hampshire.

June 30, 1972.

Attorney(s) appearing for the Case

Burns, Bryant, Hinchey, Nadeau & Cox and Donald R. Bryant, by brief, for the plaintiff.

Fisher, Parsons, Moran & Temple and Harold D. Moran, by brief, for the defendant.

KENISON, C.J.

The principal question presented in this case is whether, on a petition for abatement of taxes, RSA 76:17 authorizing the superior court to make "such order thereon as justice requires" implies that the court may award costs against a municipality as an incident to its order abating a part of the taxes collected.

Plaintiff was awarded an abatement of taxes for the years 1967, 1968 and 1969. The Master's report (Leonard C. Hardwick, Esq...

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