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SCHROEDER v. TOWN OF WINDHAM

No. 2008-147.

965 A.2d 1081 (2008)

William SCHROEDER and another v. TOWN OF WINDHAM and another.

Supreme Court of New Hampshire.

Opinion Issued: December 18, 2008.

Attorney(s) appearing for the Case

Michael L. Donovan, of Concord, by brief and orally, for the plaintiffs.

Wiggin & Nourie, P.A., of Manchester (Gregory E. Michael and Nicole M. Barsamian on the brief, and Mr. Michael orally), for the intervenors, Andrew P. and Christine J. Lane, trustees of the A & C Revocable Trust.

Beaumont & Campbell, P.A., of Salem, for the Town of Windham, filed no brief.

GALWAY, J.

The intervenors, Andrew P. and Christine J. Lane, trustees of the A & C Revocable Trust, appeal the ruling of the Superior Court (Nadeau, J.) reversing the Town of Windham Zoning Board of Adjustment's (ZBA) decision to grant them an equitable waiver. See RSA 674:33-a (2008). We affirm.

The following facts are supported by the record. The intervenors reside on property located adjacent to Canobie Lake in Windham. In 2003, they sought...

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