Heard April 5, Decided June 13, Steven E. Grill , with whom Alexander J. Walker, Jr. Christopher Cole , with whom Peter S. This contract action came before the district court in exercise of its diversity jurisdiction. The law of New Hampshire controls. The record amply supports the careful findings of the district judge and thus the facts may be simply stated.
It is the law of New Hampshire that is complex--so complex that, after careful reflection, we have determined to certify to the Supreme Court of New Hampshire a question concerning the interpretation of the New Hampshire statutes of limitation.
The appellees Richard Schlesinger and William Weinstein the " Developers " are real estate developers who were the sole general partners in Portsmouth Coastal Development Partners "Portsmouth Coastal".
At the time, Mariner's Village had the greatest concentration of low income housing in the City. The Developers planned to turn the existing apartment units in Mariner's Village into condominiums, and build more condominiums as well. The proposed increase in housing density required a zoning change. The Developers promptly commenced negotiations with City authorities to obtain this zoning change. The Developers were also to preserve some of the units as rental apartments at subsidized levels.
In further negotiations with the City, the Developers sought to build still more condominium units. This impact fee in exchange for the zoning change allowed the Developers to construct the additional units, but obligated them to pay the City in accordance with the terms of the promissory note regardless how many units were actually built and sold, "no strings attached.
