Savage v. Town of Rye

This is a petition for declaratory judgment and a petition for mandamus arising out of the alleged failure of the Rye Planning Board to approve or disapprove the plaintiffs’ subdivision application within ninety days of the plaintiffs’ application. RSA 36:23 (Supp. 1979). The Superior Court (Mullavey, J.) found for the defendant town of Rye, and the plaintiffs then filed a notice of appeal in this court. We reverse.

On August 29, 1978, the plaintiffs, John and Helen Savage, submitted an application for subdivision approval to the Rye Planning Board. The plan accompanying the application was a…