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MOTORSPORTS HOLDINGS v. TOWN OF TAMWORTH

No. 2008-632.

993 A.2d 189 (2010)

MOTORSPORTS HOLDINGS, LLC v. TOWN OF TAMWORTH.

Supreme Court of New Hampshire.

Opinion Issued: April 9, 2010.

Attorney(s) appearing for the Case

Devine, Millimet & Branch, P.A., of Manchester (Thomas Quarles, Jr. and Kevin M. Baum, on the brief, and Mr. Quarles orally), for the petitioner.

Rath, Young and Pignatelli, P.C., of Concord (Andrew W. Serell, on the brief and orally), for the intervenors.

BRODERICK, C.J.

The intervenors, Amy K. Berrier and other abutters, landowners and residents of Tamworth, appeal the decision of the Superior Court (Houran, J.) that vacated and remanded the Town of Tamworth Planning Board's decision to deny the application for a special use permit sought by the petitioner, Motorsports Holdings, LLC (Motorsports). We affirm in part, reverse in part and remand.

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