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CLARE v. TOWN OF HUDSON

No. 2009-158.

999 A.2d 348 (2010)

Michael CLARE, Trustee of Horizon Realty Trust v. TOWN OF HUDSON.

Supreme Court of New Hampshire.

Opinion Issued: June 16, 2010.

Attorney(s) appearing for the Case

David M. Groff, of Pelham, on the brief and orally, for the plaintiff.

Hage Hodes, P.A., of Manchester (Stephen C. Buckley on the brief and orally), for the defendant.

CONBOY, J.

The plaintiff, Michael Clare, appeals a decision of the Superior Court (Dalianis, J.) affirming a decision of the planning board for the Town of Hudson (Town) denying Clare's request to refund the cost of a performance bond filed with the Town. We affirm in part, reverse in part, and remand.

The record evidences the following facts. Clare, as trustee of the Horizon Realty Trust, is one of the developers of the Thurston's Landing subdivision...

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