Board of Selectmen v. Planning Board

In this case we are asked to resolve the ostensible conflict between RSA 31:63-a (Supp. 1975) and RSA 31:63-b with RSA 36:8 (Supp. 1975), as amended, Act of July 15, 1977, ch. 532:1 [1977] N.H. Laws 674 [hereinafter RSA 36:8]. The Presiding Justice, Flynn, J., reserved and transferred four questions:

A. Whether the provisions of R.S.A. 36:8, as amended, preclude a planning board from accepting petitions for zoning amendments after the 90th day before the Annual Town Meeting.

B. Whether the provisions of R.S.A. 36:8 supersede the provisions of R.S.A. 31:63-b, and thus precluding all zoning…