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PROPERTY PORTFOLIO GROUP v. TOWN OF DERRY

No. 2011-496.

48 A.3d 937 (2012)

163 N.H. 754

PROPERTY PORTFOLIO GROUP, LLC v. TOWN OF DERRY. Dom Vincent, LLC v. Town of Derry.

Supreme Court of New Hampshire.

Opinion Issued: June 29, 2012.

Attorney(s) appearing for the Case

Griffith & Associates, P.L.L.C., of Wilton (John P. Griffith on the brief), for petitioner Property Portfolio Group, LLC.

Dom Vincent, LLC, filed no brief.

Boutin & Altieri, P.L.L.C., of Londonderry (Edmund J. Boutin and Lynne Guimond Sabean on the brief), for the respondent.

HICKS, J.

Petitioner Property Portfolio Group, LLC (PPG) appeals an order of the Superior Court (Lewis, J.) upholding a decision of the planning board (board) of the respondent, the Town of Derry, to grant the applicant, MTM Realty, LLC (MTM), a waiver from a provision of the town's site plan regulations. See RSA 674:44, III(e) (Supp.2011). We affirm.

The record reflects the following facts. MTM owns property at the corner of West Broadway and...

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