New England Brickmaster, Inc. v. Town of Salem

This land use case involves an appeal from an order of the Superior Court (McHugh, J.) affirming the decision of the Town of Salem Planning Board (board) to conditionally approve the plaintiff’s site plan application. The plaintiff, New England Brick-master, Inc. (Brickmaster), argues that neither the enabling statute, RSA 674:43 and :44, nor the town’s regulations authorize the board to impose the condition, which requires that the plaintiff pay a portion of the cost of certain off-site roadway improvements. We find Brickmaster’s arguments unpersuasive and affirm the trial court’s decision.

On…