Allard v. Thalheimer

The plaintiff submitted a plat to the Dunbarton Planning Board for the subdivision of a certain parcel. The defendant is the town clerk of Dunbarton. The plaintiff seeks a writ of mandamus to compel the defendant to issue a certificate of approval of the plat on the ground that the Dunbarton Planning Board did not act on the plat within ninety days of its submission, as required by RSA 36:23 (Laws 1969, 155:1). After trial the Master (William E. Lovejoy, Esq.) reported that the planning board had disapproved the plat within the period allowed by the statute. The Superior Court (Keller, C.J.)…