Cutter v. Town of Durham

The question in this case is whether the town of Durham is collaterally estopped from litigating the issue of its authority, under RSA 36:19-a, to require site plan approval before the plaintiff changes the internal use of his property from one permitted use to another. We hold that the town is estopped.

The facts of this case are undisputed. The plaintiff owns property located on Main Street in the town of Durham, in a zone classified for business. The property has been utilized for permitted uses since before the enactment of the zoning ordinance. On March 24,1978, the plaintiff applied for…