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J.E.D. ASSOCIATES, INC. v. TOWN OF DANVILLE

No. 81-147

122 N.H. 234 (1982)

J.E.D. ASSOCIATES, INC. v. TOWN OF DANVILLE & a.

Supreme Court of New Hampshire

March 10, 1982

Attorney(s) appearing for the Case

Decker, Fitzgerald & Sessler P.A., of Laconia (David R. Decker on the brief and orally), for the plaintiff.

Peter J. Loughlin and Lindsey R. Brigham, of Portsmouth (Mr. Loughlin on the brief, and Mr. Loughlin and Mr. Brigham orally), for the defendants.

I. Michael Winograd, of Concord, for intervenors Richard Kosak & a., filed no brief.

DOUGLAS, J.

This case raises the question of the degree to which a settlement agreement entered into by town counsel may bind the town. In 1978, J.E.D. Associates, Inc. (J.E.D.) bought 122 acres of land in Danville, New Hampshire, planning to subdivide the land and sell lots as they were developed. A restrictive so-called "slow-growth" ordinance was passed at the 1979 Danville town meeting. The ordinance permitted issuance of only sixteen building permits per year...

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