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HERON COVE ASSOC. v. DVMD HOLDINGS

No. 98-776.

146 N.H. 211 (2001)

HERON COVE ASSOCIATION & a. v. DVMD HOLDINGS, INC. & a

Supreme Court of New Hampshire.

March 29, 2001.

Attorney(s) appearing for the Case

Baldwin, Callen, Hogan & Kidd, P.L.L.C., of Concord (Carolyn W. Baldwin on the brief and orally), for the plaintiffs.

McLane, Graf, Raulerson & Middleton, P.A., of Concord (Ellen L. Arnold and Terri L. Pastori on the brief, and Ms. Arnold orally), and F. Anne Ross, of Salisbury, by brief, for the defendants.

DiFruscia Law Office, of Lawrence, Massachusetts (Kathleen S. DiFruscia and Richard A. Gray on the brief), for the intervenor, Cobbett's Pond Improvement Association.

HORTON, J., retired, specially assigned under RSA 490:3.

Defendant DVMD Holdings, Inc. (defendant) appeals the Superior Court's (Abramson, J.) order reversing decisions of the planning board (board) and zoning board of adjustment (ZBA) of the defendant Town of Windham (town). The board and ZBA decisions concluded that the defendant's land was exempt from the setback requirements set forth in the Wetland and Watershed Protection District (WWPD) environmental...

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