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DERRY SR. DEVELOPMENT, LLC v. TOWN OF DERRY

No. 2007-569.

951 A.2d 170 (2008)

DERRY SENIOR DEVELOPMENT, LLC v. TOWN OF DERRY.

Supreme Court of New Hampshire.

Opinion Issued: July 2, 2008.

Attorney(s) appearing for the Case

Getman, Stacey, Schulthess & Steere, P.A., of Bedford (Andrew R. Schulman on the brief and orally), for the plaintiff.

Boutin & Altieri, P.L.L.C., of Londonderry (Steven A. Clark on the brief and orally), for the defendant.

DUGGAN, J.

The plaintiff, Derry Senior Development, LLC, appeals an order of the Trial Court (Coffey, J.) upholding the denial of its application for site plan approval of an independent adult community development in the Town of Derry (town) by the Town of Derry Planning Board (board). We hold that, because the New Hampshire Department of Environmental Services (DES) approved the plaintiff's proposed sewage disposal system, the town has enacted no standards...

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