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KOOR COMMUNICATION v. CITY OF LEBANON

No. 2001-440.

148 N.H. 618 (2002)

KOOR COMMUNICATION, INC. v. CITY OF LEBANON

Supreme Court of New Hampshire.

Opinion Issued: December 12, 2002.

Attorney(s) appearing for the Case

Clauson & Atwood, of Hanover (K William Clauson on the brief) and Fred Hopengarten, of Lincoln, Massachusetts, by brief and orally, for the plaintiff.

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

Booth, Freret, Imlay & Tepper, P.C., of Washington, D.C. (Christopher D. Imlay on the brief), for the Society of Broadcast Engineers, Incorporated, as amicus curiae.

NADEAU, J.

The plaintiff, Koor Communication, Inc., appeals the denial of its motion for partial summary judgment and the grant of summary judgment in favor of the defendant, the City of Lebanon, in this declaratory judgment action challenging a zoning ordinance. We affirm in part, reverse in part and remand.

The Trial Court (Fitzgerald, J.; Burling, J.) found the following facts. The plaintiff obtained a permit from the Federal Communications...

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