CBDA Development, LLC v. Town of Thornton

The plaintiff, CBDA Development, LLC (CBDA), appeals an order of the Superior Court (MacLeod, J.) affirming a decision of the Planning Board (Board) of the defendant, Town of Thornton (Town), not to consider CBDA’s second site plan application for a proposed recreational campground. Applying the subsequent application doctrine set forth in Fisher v. City of Dover, 120 N.H. 187 (1980), the Board decided that it could not consider CBDA’s second application because it did not materially differ in nature and degree from CBDA’s initial application. CBDA argues that the trial court erred when it:…