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Bennett, et al. v. Town of Hampstead, 2007-662 (N.H. S.Ct., Jul. 11, 2008)

Fri, 07/11/2008 - 10:09 — NHCaseLaw.com

Topics: Attorneys Fees, De Novo Review, Injunctive Relief, Ordinance, Plain Language, Substantive Due Process, Super. Ct. R. 59-A, Zoning

Case Information
Document Type: 
Opinion
Case name: 
Bennett, et al. v. Town of Hampstead
Date: 
Jul 11 2008
Docket Number: 
2007-662
Justice: 
Duggan, James E.
Jurisdiction: 
N.H. S.Ct.

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.