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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 Charles Doe 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 ___________________________ Hillsborough-southern judicial district No. 2008-861 FERSON-LAKE, LLC v. CITY OF NASHUA Argued: October 7, 2009 Opinion Issued: December 16, 2009 Douglas, Leonard & Garvey, P.C., of Concord (Benjamin T. King on the brief and orally), for the petitioner. Office of Corporation Counsel, of Nashua (Stephen M. Bennett on the brief and orally), for the respondent. HICKS, J. The petitioner, Ferson-Lake, LLC, appeals an order of the Superior Court (Groff, J.) affirming a decision of the Nashua Planning Board (board) denying its site plan application for an elderly housing subdivision. We affirm. The trial court found the following facts. The petitioner submitted a site plan application to the board for approval to build a five-unit elderly housing development. In August 2006, the board held a public hearing and denied the petitioner's proposal, citing both section 16-81 of the Nashua Land Use Code,

which governs elderly housing, and section 16-450, which governs site plans generally. See Nashua, N.H., Rev. Ordinances ch. 190, art. III, div. 5,

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New Hampshire Law