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BAER v. NEW HAMPSHIRE DEPT. OF EDUC.

No. 2010-448.

8 A.3d 48 (2010)

James BAER and another v. NEW HAMPSHIRE DEPARTMENT OF EDUCATION and another.

Supreme Court of New Hampshire.

Opinion Issued: September 24, 2010.

Attorney(s) appearing for the Case

Charles A. Russell, of Concord, by brief, for the petitioners.

Michael A. Delaney, attorney general (Danielle L. Pacik, assistant attorney general, on the memorandum of law), for respondent New Hampshire Department of Education.

Upton & Hatfield, LLP, of Concord (John F. Teague and James A. O'Shaughnessy on the memorandum of law), for respondent Concord School District.

DALIANIS, J.

The petitioners, James Baer and Charles Russell, appeal an order of the Superior Court (Sullivan, J.) dismissing their petition for declaratory judgment. We affirm.

The record reveals the following facts. Respondent Concord School District (the District) approved plans for the construction and renovation of the District's elementary schools. The lot sizes of two schools did not meet the minimum lot size requirements set forth in New...

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