Blue Jay Realty Trust v. City of Franklin

The plaintiff has petitioned for declaratory judgment and injunctive relief, challenging the validity of 1987 amendments to the defendant’s zoning ordinance, and has sought compensation under the State and National Constitutions for either a temporary or permanent taking said to have resulted therefrom. The Superior Court (Mayland H. Morse, Jr., Esq., Master; M. Flynn, J.) cited the plaintiff’s failure to comply with RSA 677:2, :3 and :4 and failure to exhaust administrative remedies in granting the defendant’s motion to dismiss. Although we affirm the dismissal of the federal taking claims,…