[Download] "Town Deering v. Earl Tibbetts" by Supreme Court of New Hampshire # Book PDF Kindle ePub Free

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eBook details

• Title: Town Deering v. Earl Tibbetts
• Author : Supreme Court of New Hampshire
• Release Date : January 17, 1964
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

The agreed statement of facts establishes that the structure which the defendant Tibbetts proposes to erect will be situated
within one-fourth mile of Deering common and "is in violation of the ordinance as adopted... in that approval of the selectmen
has not been obtained." Proper procedures were followed in the adoption of the ordinance and in mid-August 1963 the defendant's
application for permission to erect a "prebuilt home" on the lot in question (see Manchester v. Phillips, 343 Mass. 591, 595)
was denied by the selectmen "on the grounds that the nature and design of the building... and the intended location of the
same, were such as to impair the atmosphere of the Town. " The agreed statement further discloses that the plaintiff Bittenbender
owns certain land and buildings within one-fourth mile of the common. It is further agreed that no planning board has been appointed under RSA ch. 36 ; the selectmen were authorized to appoint
a "planning commission" by action taken at the 1961 town meeting and such a commission was appointed and submitted a report
to the 1963 town meeting; the latter meeting authorized the selectmen to appoint a zoning commission under RSA 31:65 , but
no zoning ordinance has been adopted under RSA 31:60 -64.

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