Boyle v. City of Portsmouth

The plaintiff, James Boyle, Trustee of 150 Greenleaf Avenue Realty Trust, appeals an order of the Superior Court (McHugh, J. ) affirming a ruling by the zoning board of adjustment (ZBA) of the defendant, City of Portsmouth (city), that he was required to obtain a variance. We reverse and remand.

The following facts appear in the record. The plaintiff operates Portsmouth Toyota, a new and used motor vehicle dealership in Portsmouth. His property is abutted on three sides by residential districts. The ZBA denied the plaintiff’s appeal of the code enforcement officer’s determination that motor…