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Derry Senior Development, LLC v. Town of Derry, 2007-569 (N.H. S.Ct., Jul. 2, 2008)

Wed, 07/02/2008 - 15:57 — NHCaseLaw.com

Topics: DES, Ordinance, Public Hearings, Site Plan Approval, Zoning

Case Information
Document Type: 
Opinion
Case name: 
Derry Senior Development, LLC v. Town of Derry
Date: 
Jul 2 2008
Docket Number: 
2007-569
Justice: 
Duggan, James E.
Jurisdiction: 
N.H. S.Ct.

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.