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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Noble Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Strafford No. 2005-140 BOULDERS AT STRAFFORD, LLC v. TOWN OF STRAFFORD Argued: January 19, 2006 Opinion Issued: June 13, 2006 Donahue, Tucker & Ciandella, P.L.L.C., of Exeter (Robert M. Derosier on the brief and orally), for the plaintiff. Mitchell & Bates, P.A., of Laconia (Walter L. Mitchell and Laura A. Spector on the brief, and Mr. Mitchell orally), for the defendant. BRODERICK, C.J. The defendant, Town of Strafford (town), appeals the decision of the Superior Court (Fauver, J.) granting the petition for declaratory judgment filed by the plaintiff, Boulders at Strafford, LLC (Boulders), seeking to declare a section of the town's zoning ordinances unconstitutional. See Strafford Zoning & Land Use Ords., Subdiv. Regs., Non-Resid. Site Plan Regs., & Building Regs., ch. 1,

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New Hampshire Law