Zoning Board Appeal

Guy v. Town of Temple, 2007-784 (N.H. S.Ct., Aug. 21, 2008)

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.

Kelsey, et al. v. Town of Hanover, 2007-702 (N.H. S.Ct., Aug. 20, 2008)

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.

Adamcryck v. City of Concord, et al., 07-E-443 (Merrimack, Jun. 5, 2008)

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.

Oullette, et al. v. Town of Kingston, 2007-589 (N.H. S.Ct., Aug. 15, 2008)

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.

Daniels v. Town of Londonderry, 2008-047 (N.H. S.Ct., Jul. 15, 2008)

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.

Concerned Citizens for Horseshoe Pond v. Town of Merrimack, et al., 07-E-332 (Hillsborough, South, Jun. 17, 2008)

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.

Nine A, LLC v. Town of Chesterfield, 2007-475 (N.H. S.Ct., Jun. 3, 2008)

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.

228 Maple Street, LLC v. Town of Rye, 04-E-0237 (Rockingham, Jun. 7, 2006)

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.

Churchill Realty Trust v. City of Dover Zoning Board of Adjustment, 2007-043 (N.H. S.Ct., Jan. 15, 2008)

HICKS, J. The petitioner, Churchill Realty Trust, appeals an order of the Superior Court (Mohl, J.) affirming a decision of the respondent, City of Dover Zoning Board of Adjustment (ZBA), which in turn upheld a denial by the Dover building official of the petitioner’s proposed apartment project expansion. We reverse.

McNamara et al. v. Hersh et al., 2007-225 (N.H. S.Ct., Apr. 4, 2008)

DUGGAN, J. The petitioners, Paul and Barbara McNamara, appeal a decision of the Superior Court (Smukler, J.) dismissing their declaratory judgment petition against the respondents, Barry and Terry Hersh and the Town of Sanbornton (Town). We affirm.
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