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SKLAR REALTY v. TOWN OF MERRIMACK

Nos. 83-327, 83-471.

125 N.H. 321 (1984)

SKLAR REALTY, INC. v. TOWN OF MERRIMACK AND AGWAY, INC.

Supreme Court of New Hampshire.

July 31, 1984.

Attorney(s) appearing for the Case

Hamblett & Kerrigan P.A., of Nashua (Joseph M. Kerrigan on the brief and orally), for the plaintiff.

Bossie, Kelly & Hodes, of Manchester (Robert F. Bossie on the brief and orally), for the defendant Town of Merrimack.

Wadleigh, Starr, Peters, Dunn & Chiesa, of Manchester (Robert L. Chiesa and William S. Gannon on the brief, and Mr. Chiesa orally), for the defendant Agway, Inc.

SOUTER, J.

Each of these consolidated appeals challenges the action of the superior court in adopting the recommendations of its Master (Walter L. Mitchell, III, Esq.). In the first case, the plaintiff petitioned the superior court for a writ of certiorari under RSA 36:34 (Supp. 1983) (current version at RSA 677:15 (Supp. 1983)) to review the actions of the Planning Board of Merrimack (board). The board had granted the application of the defendant Agway, Inc...

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