Formula Development Corp. v. Town of Chester

The plaintiffs, Formula Development Corporation (Formula) and Clinton Realty Trust (Clinton), appeal the decision of the Superior Court (Morrill, J.) denying their petition for abatement of a land use change tax (LUCT), see RSA 79-A:7 (2003 & Supp. 2006), that was imposed by the defendant, Town of Chester (town). We reverse and remand.

The record supports the following. Clinton was the original owner of a thirty-acre parcel of property in Chester. In 2000, the town’s planning board granted subdivision approval for the development of a twenty-unit, single-family, condominium cluster…