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NH Supreme Court Upholds Variance Granted by Housing Authority Board that Reversed a Rejection by Town Zoning Board

The New Hampshire Supreme Court (the “Court”) recently upheld a Housing Authority Board (“HAB”) decision approving a variance request that had been denied by the Town of Derry’s Zoning Board of Adjustment (“ZBA”). In doing so, the Court reiterated the appropriate standards that both the ZBA and the HAB should apply in considering variance requests.

In late 2021, the owners … Read the rest

Filed Under: Court Updates, Zoning Boards of Adjustments

Jurisdiction in an Excavation Permit Appeal

Understanding Lonergan v. Town of Sanbornton: Jurisdiction in an Excavation Permit Appeal

Introduction:

In the recent decision of Lonergan v. Town of Sanbornton, the New Hampshire Supreme Court explored subject matter jurisdiction and the appeals process in connection with excavation permits. The case revolved around the plaintiffs’ failure to follow the appeal procedures outlined in RSA 155-E:9… Read the rest

Filed Under: Court Updates, Zoning Boards of Adjustments

A Case Study in Zoning and Regional Impact Disputes

zoning regional impact disputes

Anthony v. Town of Plaistow: A Case Study in Zoning and Regional Impact Disputes

In the recent decision of Anthony v. Town of Plaistow, the New Hampshire Supreme Court was faced with a property dispute concerning a site plan application for a commercial development project. The plaintiffs, Richard Anthony and Sanaz Anthony (the “Anthonys”), were property owners who … Read the rest

Filed Under: Court Updates, Zoning Boards of Adjustments

A Brief Introduction to the Local Land Use Law

Not many states in our country take pride in having their local boards regulating, and enforcing, municipal-specific issues. This includes local land use issues. In our state, we have the motto, “Live Free or Die”. Our state government prefers when localities take charge of issues affecting their homeowners. This is why New Hampshire has numerous laws that help create local … Read the rest

Filed Under: General, Zoning Boards of Adjustments

Local Land Use Law: A Brief Introduction, Part I

local land use law

New Hampshire’s system of government is best captured by our state motto: “Live Free or Die.” In comparison to other states, including neighboring states in New England, New Hampshire emphasizes local governance. It empowers municipalities to establish robust local boards to regulate and enforce municipal-specific issues, including local land use issues.

RSA 673:1 permits any local legislative body to establish … Read the rest

Filed Under: General, Real Estate Law, Zoning Boards of Adjustments Tagged With: agriculture commissions, heritage commissions, Local Land Use Law, planning boards

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