NBAC Corp. v. Town of Weare

This is an appeal by the plaintiff, NBAC Corp. (NBAC), from an order of the Superior Court (Perkins, J.) affirming the Town of Weare (town) Board of Selectmen’s (selectmen) denial of NBAC’s application to conduct sand and gravel excavation. We affirm.

NBAC is the owner of a 30.7 acre, undeveloped lot located west of Route 114 in Weare. The lot is approximately one-half mile from the center of town, and is in close proximity to the town’s middle and elementary schools. The lot is in a commercial zone, where gravel operations are allowed if the owner obtains a special exception from the town’s…