MUNICIPAL & ZONING (121)
Fri, 09/12/2008 - 14:27 — NHCaseLaw.com
DUGGAN, J. The plaintiff, Tarbell Administrator, Inc., as trustee of the Tarbell Family Revocable Trust (Tarbell), appeals an order of the Trial Court (Conboy, J.) granting summary judgment in favor of the defendant, City of Concord (City). We hold that the doctrine of discretionary function immunity bars Tarbell’s negligence claims alleging that the City failed to properly construct a dam and failed to properly control and regulate the water level, but does not preclude Tarbell’s remaining claims. Accordingly, we affirm in part, reverse in part, and remand.
Fri, 08/22/2008 - 21:51 — NHCaseLaw.com
DUGGAN, J. The petitioner, Douglas R. Guy, appeals an order of the Superior Court (Hampsey, J.) upholding the Temple Zoning Board of Adjustment’s (ZBA) denial of his application for a junkyard license. See generally RSA 236:110-:129 (1993 & Supp. 2007). We reverse and remand.
Fri, 08/22/2008 - 19:58 — NHCaseLaw.com
BRODERICK, C.J. The petitioners, Preston T. Kelsey, II, Virginia R. Kelsey, Dirk J. Van Leeuwen, Frank Holloway, Ann Holloway, Robert McLaughry and Ann McLaughry, appeal the decision of the Superior Court (Vaughan, J.) upholding the dismissal of their appeal of a zoning permit granted by the respondent, the Town of Hanover (Town), to Jerry and Claire Strochlic. We affirm.
Tue, 08/19/2008 - 20:48 — DLG
Petitioners, Suzanne and Todd Adamcryck, bring this pro se appeal of the decision of the City of Concord Zoning Board of Adjustment ("ZBA" or "the Board") granting variance requests by the intervenor, Laconia Savings Bank ("LSB"). The City and LSB object to the relief requested by the petitioners. After hearing and upon consideration of the parties' oral and written arguments, the record, and applicable law, the Court finds and rules as follows.
Fri, 08/15/2008 - 17:14 — NHCaseLaw.com
HICKS, J. The plaintiffs, Scott Ouellette and other Kingston residents, appeal an order of the Superior Court (McHugh, J.) affirming the decision of the Town of Kingston Zoning Board of Adjustment (ZBA) granting approval to the intervenor, Konover Development Corporation (Konover), to construct a supermarket within the town’s historic district. We affirm.
Tue, 08/12/2008 - 15:14 — NHCaseLaw.com
The petitioner, Sara Realty, LLC, (“Sara Realty”), brings this action against Country Pond Fish and Game Club, Inc. (“CPFGC”), seeking to have the Court declare and rule that CPFGC “has and continues to engage in a private nuisance” by virtue of its “engaging in and allowing . . . outdoor gun shooting activities” without having effectuated “adequate noise control or abatement measures” after its removal of trees and vegetation and its terrain alterations within an area of its property situated close to that of Sara Realty. See particularly Petition for Declaratory Relief and Injunctive Relief, III, B. and C. and IV, 1 and 2. The petitioner seeks, as well, to have the Court issue injunctive relief prohibiting CPFGC “from engaging in and allowing any outdoor shooting activities until and unless . . . . [it] has implemented adequate noise control measures.” Id.
Tue, 07/15/2008 - 22:12 — NHCaseLaw.com
GALWAY, J. The petitioners, Ryder Daniels and Gary Morrissette, appeal an order of the Superior Court (Nadeau, J.) upholding the decision of the defendants, Town of Londonderry and the Town of Londonderry Zoning Board of Adjustment (ZBA), allowing the intervenor, Omnipoint Communications, Inc. (Omnipoint), to build a wireless communications tower in an agricultural-residential zone. We affirm.
Fri, 07/11/2008 - 10:09 — NHCaseLaw.com
DUGGAN, J. In these consolidated cases, the petitioners, Christopher Bennett, Alycia Bennett, and Bennett Landscaping, Inc. (collectively Bennett), appeal two rulings by the Trial Court (McHugh, J.) concerning attorney’s fees. We hold that RSA 676:17, II (Supp. 2007) required the trial court to award attorney’s fees to the respondent, Town of Hampstead (town), because the town prevailed in its action for injunctive relief against the petitioners. We further hold that, because the trial court did not find that Bennett’s due process rights were violated, Bennett is not entitled to attorney’s fees for its declaratory judgment action against the town. Accordingly, we affirm.
Wed, 07/02/2008 - 15:57 — NHCaseLaw.com
DUGGAN, J. The plaintiff, Derry Senior Development, LLC, appeals an order of the Trial Court (Coffey, J.) upholding the denial of its application for site plan approval of an independent adult community development in the Town of Derry (town) by the Town of Derry Planning Board (board). We hold that, because the New Hampshire Department of Environmental Services (DES) approved the plaintiff’s proposed sewage disposal system, the town has enacted no standards more stringent than the DES standards, see N.H. Admin. Rules, Env-Ws 1000-1025 (1999) (amended and readopted as Env-Wq 1000-1025 (2008)), and the record reveals no evidence suggesting that the plaintiff’s proposed system would not adequately protect all water supplies, the board unreasonably and unlawfully denied the plaintiff’s application for site plan approval. Accordingly, we reverse and remand.
Fri, 06/20/2008 - 13:27 — NHCaseLaw.com
This is an appeal by the petitioner, Concerned Citizens for Horseshoe Pond, pursuant to RSA 677:4 (Supp. 2007), from a decision of the Town of Merrimack zoning board of adjustment ("the zoning board") upholding the Town of Merrimack planning board's ("the planning board") decision to grant site plan approval to the intervener, Melton Associates, LLC, for the construction of an elderly housing development. The court conducted a hearing on this matter on April 1, 2008. After careful review of the parties' submissions, the arguments presented at the hearing, and the certified record, the court concludes that the decision of the zoning board is not unlawful or unreasonable and therefore must be affirmed.