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STEEL HILL DEVELOPMENT, INC. v. TOWN OF SANBORNTON

Civ. A. No. 3319.

338 F.Supp. 301 (1972)

STEEL HILL DEVELOPMENT, INC. v. TOWN OF SANBORNTON, a municipal corporation, et al.

United States District Court, D. New Hampshire.

February 17, 1972.

Attorney(s) appearing for the Case

Stanley M. Brown, McLane, Carleton, Graf, Greene & Brown, Manchester, N. H., for plaintiff.

Peter V. Millham, Wescott, Millham & Dyer, Laconia, N. H., for defendant Town of Sanbornton.

OPINION

BOWNES, District Judge.

In this zoning case, the plaintiff alleges that an amendment to the zoning ordinance of the defendant Town, enacted March 9, 1971, violates the Fifth and Fourteenth Amendments to the Constitution because it constitutes a taking of its property without due process of law and without compensation. Jurisdiction is based on 28 U.S.C. § 1331, and declaratory relief is sought pursuant to 28 U.S.C. § 2201.

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