NHCaseLaw.com

The petitioner, Controlled Asset Investment Group Development, LLC, seeks a declaration that the Growth Management Ordinance ("GMO") adopted by the Town of Hooksett in 2005 is unconstitutional. The parties have agreed that the issue presented is a matter of law and have accordingly filed cross motions for summary judgment. Considering the parties' arguments and the relevant law, the Court finds and rules as follows.

HICKS, J. The petitioners, Clinton and Cynthia Johnson, appeal an order of the Superior Court (Fitzgerald, J.) dismissing their petition for review of a decision of the Town of Wolfeboro Planning Board (planning board) for lack of standing. We reverse and remand.

This case arises out of the decision of defendant, Town of Swanzey Zoning Board of Adjustment (Board), granting the special exception request of the intervenor, Southwestern Community Services, Inc. (intervenor), to build additional multi-family units on a property which had an existing multi-family unit. The plaintiffs appeal the Board's decision pursuant to RSA 677:4 (1996). On December 6, 2001, the Court held a hearing on the merits of the appeal. Upon due consideration, the Court AFFIRMS the Board's decision and DISMISSES plaintiffs' appeal.

This order addresses intervenor's Motion to Dismiss plaintiffs' Zoning Board of Adjustment (ZBA) appeal for lack of standing. Plaintiffs object. For the reasons that follow, intervenor's Motion to Dismiss is DENIED.

The petitioners, Gail Page, Francine Philippe, and Douglas Ponusky, appeal the decision of the City of Concord Zoning Board of Adjustment (the “ZBA”) granting the intervenor, Whispering Heights, LLC’s, request for a variance from certain requirements of the City of Concord Zoning Ordinance (the “ordinance”). The Court held a hearing on the petitioners’ appeal. Upon review of the parties’ arguments, the pleadings, and the applicable law, the Court finds and rules as follows.