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COLBY v. TOWN OF RYE

No. 82-078.

122 N.H. 991 (1982)

JAMES J. COLBY, JR. & a. v. TOWN OF RYE

Supreme Court of New Hampshire.

December 8, 1982.

Attorney(s) appearing for the Case

Boynton, Waldron, Doleac, Woodman & Scott P.A., of Portsmouth (Jeremy R. Waldron on the brief and orally), for the plaintiffs.

Tetler & Holmes, of Hampton (Gary W. Holmes on the brief and orally), for the defendant.

MEMORANDUM OPINION

The plaintiffs own a Victorian cottage in the town of Rye which has been used primarily as a summer home. In 1979 they decided to make certain improvements so that the house would be inhabitable year-round. The renovation plans called for the west porch to be enclosed and converted into a kitchen area, and another porch to be added to the new enclosure. The plaintiffs applied for a building permit. The town approved the enclosure of the porch...

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