DiPietro v. Nashua

The plaintiffs, by petition for a writ of mandamus, seek to require the zoning board of adjustment of the city of Nashua to meet and vote upon a motion for rehearing filed with the board by the plaintiffs. The plaintiffs have also appealed to the Superior Court under RSA 31:77 (supp) from the decision of the zoning board of adjustment granting the defendant Mann a variance from the terms of the Nashua zoning ordinance.

The defendants moved to dismiss both actions, upon the ground that no proper motion for rehearing was filed by the plaintiffs under RSA 31:74, 75 and 76. The city demurred to…