Gray v. Seidel

The plaintiffs, James and Barbara Gray, appeal a decision of the Superior Court (Barry, J.) affirming the Town of Meredith Zoning Board of Adjustment’s (board) denial of their request for a variance, and denying their petition for declaratory judgment for lack of subject matter jurisdiction. We reverse and remand.

In 1985, the plaintiffs purchased property in Meredith, including an easement over the property of defendants Gerald and Margaret Seidel for access to Lake Winnepesaukee and dock use. The easement is a ten-foot strip of land along the southwesterly boundary of the Seidels’ property.…