Town of Derry v. Simonsen

(By assignment under RSA 490:3). In this equity suit, the town of Derry seeks to have the defendant, Edwin C. Simonsen, enjoined from operating a commercial campground and recreation area in a district which is zoned under the town’s ordinance for residential use. The defendant, in his cross-petition, requested the superior court to grant him a variance, or, in the alternative, order the zoning board of adjustment to grant his request for a hearing. The Trial Court (Bois, J.) granted the plaintiff’s petition for an injunction, denied the cross-petition, and reserved and transferred the…