Burr v. Keene

The major question presented by both appeals is whether someone other than the owner of the real estate may petition for a special exception under the Keene zoning ordinances.

RSA 31:66 provides that the local legislative body shall provide for the appointment of a board of adjustment and pursuant to the authority of the statute “shall provide that the said board may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinance in harmony with its general purpose and intent . . . . ”

Pursuant to the enabling act RSA 31:60-89…