Russell Forest Management, LLC v. Town of Henniker

The plaintiff, Russell Forest Management, LLC, appeals the order of the Superior Court {McNamara, J.) upholding the decision of the zoning board of adjustment (ZBA) of the defendant, Town of Henniker (Town), that a public highway did not become a private road after it was discontinued by a Town vote. We affirm.

The record reveals the following facts. Bowers Road in Henniker was originally laid out as a public highway in 1797. At a Town meeting in 1895, the Town voted to discontinue Bowers Road.

Timothy Hanson purchased a parcel of land (the property) in Henniker in 2002. Bowers Road, which runs…