Isabelle v. Town of Newbury

This petition for certiorari under RSA 36:34 to review denial by the Planning Board of Newbury of plaintiff’s application for subdivision raises issues of scope of authority of the planning board in applying its regulations and of the extension of a nonconforming use. The issues were submitted to the trial court on an agreed statement of facts and transferred without ruling by Grant, J.

Petitioner owns a lot in Newbury which has ninety-five feet of frontage on Lake Sunapee and one hundred thirty-five feet of frontage on a public road. The lot, which is 28,760 square feet in area, contains…