Avery v. New Hampshire Department of Education
Supreme Court of New Hampshire
1Opinion of the CourtHicks, J.
The petitioners, Curtis and Deborah Avery, appeal an order of the Superior Court {McNamara, J.) dismissing their petition for declaratory judgment relating to a lot size waiver granted to respondent Concord School District (District) by respondent New Hampshire Department of Education (DOE). We affirm.
The following facts are taken from the record. In December 2009, the School Board for the District voted to demolish and rebuild Kimball School. The lot size for the proposed new school budding did not meet the minimum lot size requirements set forth in New Hampshire Administrative Rules, Ed…
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