Ordinance (22)
Tue, 12/09/2008 - 01:35 — NHCaseLaw.com
HICKS, J. The petitioner, Lakeside Lodge, Inc. (Lakeside), appeals an order of the Superior Court (Abramson, J.) affirming a boat use limit on Lakeside’s Lake Sunapee dock, imposed by the Town of New London Zoning Board of Adjustment (ZBA). We hold that state law and regulations preempt the regulation imposed by the ZBA, and reverse.
Sat, 11/15/2008 - 22:51 — NHCaseLaw.com
DUGGAN, J. Greg and Gail Taylor, trustees of Shady Acres Realty Trust, challenge a Superior Court (Fitzgerald, J.) order affirming a decision of the Town of Wakefield Zoning Board of Adjustment (ZBA) granting, with conditions, an equitable waiver for a thirty-five-foot wide waterfront access easement from land owned by intervenors Peter and Amy Harrington over the Taylors’ waterfront lot. Because we conclude that the superior court erred in concluding that the evidence supported the ZBA finding that the intervenors met the requirements of RSA 674:33-a, I(b) (2006), we reverse.
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.
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, 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.
Thu, 06/05/2008 - 12:37 — DLG
Pursuant to RSA 491:22, the plaintiffs seek a decree invalidating a Dover City ordinance which rezoned seven acres of City-owned land. The defendant objects. The court held a hearing on the merits and conducted a view of the subject property. For the reasons that follow, the plaintiffs' petition is GRANTED.
Wed, 06/04/2008 - 17:05 — NHCaseLaw.com
GALWAY, J. The plaintiff, Nine A, LLC, challenges a Superior Court (Sullivan, J.) order affirming decisions of the Chesterfield Zoning Board of Adjustment (ZBA) denying variance applications for development of a parcel of land bordering Spofford Lake in Chesterfield. On appeal the plaintiff argues that the superior court erred in finding that the requested variances violated the spirit of Chesterfield’s zoning ordinance and were contrary to the public interest and that the superior court erred in not finding that the plaintiff satisfied the remaining variance requirements. We affirm.
Mon, 06/02/2008 - 17:01 — DLG
Before the court is the Rye Board of Selectmen's ("BOS") appeal of a Rye Zoning Board of Adjustment ("ZBA") decision regarding a proposed condominium conversion sought by Intervenor 228 Maple Street, LLC, consolidated with 228 Maple Street, LLC's action bringing legal and equitable claims against the Town of Rye.