Henry and Murphy, Inc. v. Town of Allenstown

This appeal arises out of a petition for declaratory judgment (RSA 491:22) to determine whether the plaintiff developer, Henry and Murphy, Inc., has gained such vested rights in its subdivision that it need not comply with the defendant Town of Allenstown’s current zoning ordinance as to lot size. We hold that it has.

In 1966, the plaintiff purchased a tract of land located in Allenstown with the intention of subdividing and developing it as a residential area. On September 20, 1968, the plaintiff recorded a subdivision plan with the Merrimack County Registry of Deeds. That plan subdivided the…