Monahan-Fortin Properties, LLC v. Town of Hudson

The defendant, Town of Hudson (town), appeals from a decision of the Superior Court (Hampsey, J.) barring it from applying its growth management ordinance to the plaintiffs condominium project on the basis that the project was also subject to the town’s impact fee ordinance. See RSA 674:21, V(h) (1996). We reverse.

The record supports the following facts. The plaintiff, Monahan-Fortin Properties, LLC, owns property along the Merrimack River in Hudson for which it sought approval to construct a 101-unit elderly housing condominium project known as Riverwalk. It submitted a site plan application…