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TOWN OF SALEM v. DURRETT

No. 83-097.

125 N.H. 29 (1984)

TOWN OF SALEM v. DEWEY DURRETT.

Supreme Court of New Hampshire.

May 4, 1984.

Attorney(s) appearing for the Case

Steven G. Shadallah, of Salem, by brief and orally, for the Town of Salem.

Ransmeier & Spellman, of Concord (John C. Ransmeier on the brief and orally), for the defendant.

Grinnell & Bureau, of Derry (George H. Grinnell on the brief and orally), for Aircraft Owners and Pilots Association and Aviation Association of New Hampshire, Inc., as amici curiae.

SOUTER, J.

By complaint filed in the Salem District Court under RSA 31:88 (Supp. 1983), officials of the Town of Salem charged that the defendant violated the zoning ordinance by using a portion of his property as a landing strip for his private airplane. Defendant moved to dismiss the complaint on the grounds that the use was not prohibited in the rural zone in which his land was located and was lawful as a use accessory to a use permitted. Following a combined hearing...

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