New Hampshire Alpha of SAE Trust v. Town of Hanover

The plaintiff, New Hampshire Alpha of SAE Trust (SAE), appeals an order of the Superior Court ( MacLeod , J.) upholding a decision by the Zoning Board of Adjustment (ZBA) for the defendant, Town of Hanover (Town), that the use of SAE's property at 38 College Street (the property) violates the Town's zoning ordinance. We affirm in part, vacate in part, and remand.

*221 I

The following facts are derived from either the trial court's order or the certified record. SAE built the property in the late 1920s specifically to accommodate the Dartmouth College (College) chapter of the Sigma Alpha Epsilon…