Cairns and Dietel Defense Win Publicized by DRI’s The Voice
CONCORD, NH — The Voice, a publication of DRI — The Voice of the Defense Bar, carried news of a recent defense litigation win by Gallagher, Callahan & Gartrell attorneys R. Matthew Cairns and Robert Dietel. The information is reprinted below.
And the Defense Wins
DRI members Matthew Cairns, past president of DRI (2010–2011), and Robert Dietel of Gallagher, Callahan & Gartrell successfully defended the Town of Thornton in the Grafton County Superior Court and the New Hampshire Supreme Court, CBDA Town of Thornton.
The case involved a site plan application for an alleged campground, which the town’s planning board denied after finding that the proposed structures on the property (“Park Model Homes”) did not satisfy statutory and zoning requirements for temporary camping structures. At trial, and on appeal, the developer alleged that board members improperly considered facts outside of the application, failed to apply statutory standards for campgrounds, and that a board member should have recused himself, among other claims. The Supreme Court held oral argument on these questions and, in an unpublished order, affirmed the planning board and the trial court’s decisions.
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