Supreme Court of New Hampshire December 13, 2002, No. 2001-612 (Torromeo v. Town of Fremont)

Nadeau, J.

The defendant, the Town of Fremont (town), appeals orders of the Superior Court (McHugh and Abramson, JJ.), holding the town liable to the plaintiffs, Henry Torromeo and MDR Corporation (MDR), for damages caused by the town’s denial of building permits pursuant to an invalid growth control ordinance. We reverse.

The trial court found, or the record discloses, the following facts.