Town of Alton v. Fisher

The central issue on appeal is whether proposed amendments to the Alton zoning ordinance to increase the minimum lot size and lot frontage required a two-thirds majority vote pursuant to RSA 31:64. Two separate actions questioned the validity of the amendments which passed by a simple majority and which were proclaimed validly enacted by the moderator of the town meeting. On May 7, 1973, the town, naming the moderator and Locke Development Corporation (Locke) respondents, brought a petition for a declaratory judgment to determine the validity of the amendments. On May 15, 1973, Locke…