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MERRIAM FARM, INC. v. TOWN OF SURRY

No. 2014-0702.

125 A.3d 362 (2015)

MERRIAM FARM, INC., v. TOWN OF SURRY.

Supreme Court of New Hampshire.

Opinion Issued: September 22, 2015.

Attorney(s) appearing for the Case

Bernstein, Shur, Sawyer & Nelson, P.A., of Manchester (Roy W. Tilsley, Jr. and Michael A. Klass on the brief, and Mr. Tilsley orally), for the petitioner.

Bradley & Faulkner, P.C., of Keene (Gary J. Kinyon on the brief and orally), for the respondent.

The petitioner, Merriam Farm, Inc., appeals a decision of the Superior Court (Kissinger, J.) dismissing its appeal of a decision of the Zoning Board of Adjustment (ZBA) of the respondent, Town of Surry (Town), on the basis that the appeal was barred by claim preclusion. We reverse and remand.

The trial court found, or the...

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