City of Portsmouth v. Boyle

The plaintiff, City of Portsmouth (city), appeals the Superior Court’s {Lewis, J.) award of costs to the defendant, James Boyle, Trustee of 150 Greenleaf Avenue Realty Trust (Boyle). We affirm.

The record supports the following facts. In January 2006, the city commenced a zoning enforcement action against Boyle alleging that he unlawfully clear cut trees within a wetlands buffer zone. The city sought an injunction against further clear cutting and an order to conduct restoration efforts. See RSA 676:15 (2008). In addition, the city requested civil penalties, attorney’s fees, and costs. See RSA…