Fisher v. Town of Boscawen

The issue in this case is whether a zoning board of adjustment that denies an application for a special exception based upon its interpretation of the relevant law may, upon rehearing, adopt a different interpretation of the law and proceed to consider the application on its merits notwithstanding the applicant’s attempt to restrict the board to a reconsideration of the law. We hold that it may.

On June 7, 1979, the plaintiff applied to the Boscawen Zoning Board of Adjustment for a special exception under the local zoning ordinance to operate a gravel pit on land owned by his father. The board…