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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.

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.

BRODERICK, C.J. This case comes before us on an interlocutory appeal without ruling, see Sup. Ct. R. 9, from the Superior Court (Groff, J.). It poses two questions: (1) Does RSA 231:28 require a petitioner requesting permission from the Selectmen to upgrade and reclassify an existing Class VI road to Class V standards to show occasion exists for the layout? (2) If the Court finds that the occasion analysis applies to the upgrade and reclassification under RSA 231:28, may the Selectmen consider as part of the occasion analysis the anticipated impact associated with the development that may result from the upgrade of the Class VI road to Class V status?

DUGGAN, J. The petitioner, Barry O. Upton, appeals the order of the Superior Court (Conboy, J.) upholding the decision of the planning board (board) for the respondent, Town of Hopkinton (Town), to condition its approval of his subdivision plan upon his paying one-third of the cost to improve a portion of Branch Londonderry Turnpike (Turnpike). We affirm.