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McGOVERN v. CITY OF MANCHESTER

No. 87-394.

130 N.H. 628 (1988)

PATRICK McGOVERN & a. v. CITY OF MANCHESTER & a.

Supreme Court of New Hampshire.

July 11, 1988.

Attorney(s) appearing for the Case

Brown and Nixon P.A., of Manchester (David W. Hess and Francis G. Murphy, Jr., on the brief, and Mr. Hess orally), for the plaintiffs.

Backus, Meyer & Solomon, of Manchester (Michael E. Ipavec on the brief and orally), for the intervenor, Paul Cowette.

Thomas R. Clark, assistant city solicitor, filing a joint brief with the intervenor, by brief for the defendants.

BROCK, C.J.

The plaintiffs, who are neighbors of the intervenor, appeal the Trial Court's (Pappagianis, J.) dismissal, on grounds of mootness, of their pending appeal, in which they attacked the validity of the city's rezoning of the intervenor's land. The plaintiffs argue that the trial court erred in dismissing their appeal without a hearing and that they are entitled on remand to a hearing and an opportunity to...

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