Bedard v. TOWN OF ALEXANDRIA

The defendant, the Town of Alexandria (Town), appeals an order of the Superior Court (Vaughan, J.) denying its motion for attorney’s fees. The plaintiffs, Roger and Judith Bedard, cross-appeal the court’s denial of their motion for summary judgment. We affirm.

The parties stipulated to the following facts. The plaintiffs own and operate a sandpit covering approximately 7.9 acres in Alexandria. Wesley Platts, an owner of land abutting the sandpit, is a “disapproving abutter” for purposes of RSA chapter 155-E, the statute that governs local regulation of excavations. Pursuant to the statute,…