Daryl Dembiec & a. v. Town of Holderness

The petitioners, Daryl and Marcy Dembiec, appeal an order of the Superior Court (Vaughan, J.) dismissing their petition for equitable relief. The trial court ruled that it lacked jurisdiction to hear the petitioners’ municipal estoppel claim because they had failed to exhaust their administrative remedies. The petitioners argue that the trial court had jurisdiction over their claim because they were not required to first raise it before the zoning board of adjustment. We reverse and remand.

In October 2011, the petitioners obtained a permit from the respondent, the Town of Holderness (Town),…