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Conway v. Stratham, Town of

Citation: 10 ELR 20682
No. No. 79-316, 414 A.2d 539/120 N.H. 257, (N.H., 04/16/1980)

The court holds that a municipal "slow growth" ordinance, which limits the number of lots that may be approved by a town's planning board, is valid as a temporary measure while the town develops a comprehensive plan for controlled growth. Under state law a town may adopt reasonable time controls regulating population density and size only in accordance with a comprehensive plan. However, the court determines that a restrictive ordinance to prevent uncontrolled growth prior to implementation of a comprehensive plan is valid in this instance because it mandates the development of a comprehensive plan, is only effective for one year, and will be subject to revision by the town.

Counsel for Plaintiff
John J. Ryan
Casassa, Mulherrin & Ryan
459 Lafayette Rd., Hampton NH 03842
(603) 926-6336

Counsel for Defendant
Francis J. Frasier
Shute, Engel & Frasier
P.O. Box 278, Exeter NH 03833
(603) 778-8535