Cherry v. Town of Hampton Falls

The defendants, Town of Hampton Falls and Hampton Falls Planning Board (planning board), appeal an order of the Superior Court (McHugh, J.) ruling that the planning board’s denial of an application for a subdivision submitted by the plaintiffs, Ernest M. Cherry, Jr. and Carole A. Cherry, was unlawful and unreasonable. We reverse.

The record supports the following facts. In April 2002, the plaintiffs submitted an application to the planning board to subdivide 84.5 acres of land in Hampton Falls into twenty-five individual lots. The application was later amended to include only nineteen…