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KBW, INC. v. BENNINGTON

No. 6901.

115 N.H. 392 (1975)

KBW, INC. v. TOWN OF BENNINGTON.

Supreme Court of New Hampshire.

July 31, 1975.

Attorney(s) appearing for the Case

Hatfield & Howard and Lloyd N. Henderson (Mr. Henderson orally) for the plaintiff.

Brighton, Fernald, Taft & Hampsey and John R. Falby, Jr., (Mr. Falby orally) for the defendants.

PER CURIAM.

KBW, Inc., by this "Petition for Declaratory Judgment and Equitable Relief" alleges that requiring it to improve a public road which abuts the plaintiff's requested subdivision as a condition to receiving subdivision approval in the town of Bennington is invalid. All questions of law were transferred by Perkins, J., on an agreed statement of facts.

The facts of the case are these. On April 23, 1970, the town of Bennington pursuant to RSA...

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