Trefethen v. Town of Derry

The petitioners, Steve and Laura Trefethen, appeal an order of the Superior Court (Wageling, J.) dismissing their appeal from a ruling of the Town of Derry Zoning Board of Adjustment (ZBA) for lack of subject matter jurisdiction. See RSA 677:4 (Supp. 2012). We reverse and remand.

The trial court’s order and the appellate record support the following relevant facts. The petitioners own property in Derry. On November 18, 2010, the ZBA granted a special exception to the lessee of abutting property permitting the property to be used as a day care facility. The petitioners timely moved for…