Chester Rod & Gun Club, Inc. v. Town of Chester

While I agree with both the trial judge and the majority that the zoning board of adjustment (ZBA) erred in denying the plaintiff’s application for a variance based upon the ZBA’s interpretation of the public interest factor set forth in RSA 674:33, 1(b), I disagree that this error requires that the case be remanded to the ZBA for further proceedings. Given the record before us, I would affirm the decision of the trial court granting the variance.

As the majority notes, the trial court’s decision must be upheld unless the evidence does not support it or it is legally erroneous. Harrington v.…