Legal Opinion

Rochester City Council v. Rochester Zoning Board of Adjustment

Supreme Court of New Hampshire

Decided September 7, 2018No. 2017-0501Published

1Opinion of the CourtLynn, C.J.

The plaintiff, Rochester City Council, appeals an order of the Superior Court ( Howard , J.) affirming defendant City of Rochester Zoning Board of Adjustment's grant of a variance to defendants Donald *475 and Bonnie Toy. On appeal, the plaintiff argues that the trial court: (1) erred in affirming the ZBA's decision to grant a variance to the Toys; and (2) unsustainably exercised its discretion in denying the plaintiff's motions to expand the record. We affirm.

The pertinent facts are as follows. The Toys own a 14.5-acre manufactured housing park known as "Addison Estates" in Rochester. Addison…

2Cases cited12 opinions

  1. New Hampshire Department of Corrections v. ButlandSupreme Court of New Hampshire · 2002
  2. Cook v. Town of SanborntonSupreme Court of New Hampshire · 1978
  3. Fox v. Town of GreenlandSupreme Court of New Hampshire · 2004
  4. Thomas v. Town of HooksettSupreme Court of New Hampshire · 2006
  5. Kalil v. Town of Dummer Zoning Board of AdjustmentSupreme Court of New Hampshire · 2007

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