Conery v. City of Nashua

The defendants’ first contention is that the Court erred in the hearing before it in permitting the plaintiffs to introduce evidence which had not been presented to the zoning board of adjustment. It is true, as the defendants claim, that there is now no trial de novo before the Court under RSA 31:78. Gelinas v. Portsmouth, 97 N. H. 248, 249.

However, RSA 31:82 states: “All evidence transferred by the board of adjustment . . . shall be, and all additional evidence received may be, considered by the court regardless of any technical rule which might have rendered the same inadmissible if…