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EDDY PLAZA ASSOC'S v. CITY OF CONCORD

No. 81-360.

122 N.H. 416 (1982)

EDDY PLAZA ASSOCIATES v. CITY OF CONCORD & a.

Supreme Court of New Hampshire.

May 12, 1982.

Attorney(s) appearing for the Case

John A. Durkin, of Manchester, and Perito, Duerk, Carlson & Pirco P.C., of Washington, D.C. (Mr. Durkin on the brief and orally), for the plaintiff.

Paul F. Cavanaugh, of Concord, by brief and orally, for the defendant City of Concord.

Gallagher, Callahan & Gartrell P.A., of Concord (Donald E. Gartrell on the brief and orally), for the intervenors, Main Realty Holding Trust and Northland Properties, Inc.

BROCK, J.

This interlocutory transfer without ruling (RSA 490:9) concerns the power of the Concord planning board to exercise site-plan review authority. It specifically requests that we determine whether the rules and regulations embodied in articles 28-10, -11-4 of the City of Concord Zoning Ordinance, which apply to the exercise of the planning board's site review powers relating to large-scale developments, satisfy the requirements of RSA 36:19-a (Supp. 1981)...

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