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KSC REALTY TRUST v. TOWN OF FREEDOM

No. 99-296.

146 N.H. 271 (2001)

KSC REALTY TRUST & a. v. TOWN OF FREEDOM

Supreme Court of New Hampshire.

April 9, 2001.

Attorney(s) appearing for the Case

William Foord, by brief and orally, pro se.

Gardner & Fulton, of Lebanon (H. Bernard Waugh, Jr. on the brief and orally), for the defendant.

NADEAU, J.

The plaintiffs, William Foord, Carol Foord and the KSC Realty Trust, appeal an order of the Superior Court (O'Neill, J.) affirming the decision of the Town of Freedom Zoning Board of Adjustment (ZBA) prohibiting the plaintiffs from using their land to sell water. We reverse.

The relevant facts follow. The plaintiffs purchased approximately 170 acres in the Rural Residential Zone of the town of Freedom in 1976. The land contains spring canals...

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