K & J Associates v. City of Lebanon

The plaintiffs, K & J Associates and Paul Korpela, appeal an order of the Superior Court (Abramson, J.) ruling that because the plaintiffs’ appeal from the decision of the City of Lebanon Planning Board (board) was not timely filed under RSA 677:15 (Supp. 1994) (amended 1995), the court lacked subject matter jurisdiction to hear the appeal. We reverse and remand.

The plaintiffs submitted an application for site plan review of a proposed Wal-Mart retail store to the board. Both plaintiffs’ counsel and a representative of the plaintiffs attended the final meeting on the application on March 24,…