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eBook details

• Title: Town Nottingham v. Cedar Waters
• Author : Supreme Court of New Hampshire
• Release Date : January 25, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

This is an appeal from a finding of contempt arising out of a dispute concerning enforcement of the zoning regulations of the town of Nottingham. We reverse the order below and clarify the distinction between civil and criminal contempt. The defendant Cedar Waters, Inc., is the owner of a mobile home, located in the plaintiff town of Nottingham in an area that is zoned ""residential agricultural."" The plaintiff sought to enjoin the defendant from maintaining a mobile home in the town without having it placed upon a ""continuous permanent foundation of concrete or any other masonry wall"" as was required by the town zoning ordinances then in effect. But see RSA 47:22-b (Supp. 1977) making such requirements invalid. After a hearing before a master, the Rockingham County Superior Court granted the injuction on September 29, 1976. The court ordered the defendant to comply with the zoning ordinance or remove the mobile home within 30 days. The defendant seasonably filed a reserved case, but later withdrew the appeal, thus causing the order to become final on December 3, 1976.

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