Introducing ATLASLearn more
Legal Opinion

Derry Senior Development, LLC v. Town of Derry

Supreme Court of New Hampshire

Decided July 2, 2008No. 2007-569PublishedCited by 8 opinions

1Opinion of the CourtDuggan, J.

The plaintiff, Derry Senior Development, LLC, appeals an order of the Trial Court {Coffey, J.) upholding the denial of its application for site plan approval of an independent adult community development in the Town of Derry (town) by the Town of Derry Planning Board (board). We hold that, because the New Hampshire Department of Environmental Services (DES) approved the plaintiffs proposed sewage disposal system, the town has enacted no standards more stringent than the DES standards, see N.H. ADMIN. Rules, Env-Ws 1000-1025 (1999) (amended and readopted as Env-Wq 1000-1025 (2008)), and the…

2Cases cited3 opinions

  1. Smith v. Town of WolfeboroSupreme Court of New Hampshire · 1992
  2. Summa Humma Entersprises, LLC v. Town of TiltonSupreme Court of New Hampshire · 2004
  3. Condos East Corp. v. Town of ConwaySupreme Court of New Hampshire · 1989

3Cited by8 opinions

  1. Trustees of Dartmouth College v. Town of HanoverSupreme Court of New Hampshire · 2018
  2. Limited Editions Properties, Inc. v. Town of HebronSupreme Court of New Hampshire · 2011
  3. DOVARO 12 ATLANTIC, LLC v. Town of HamptonSupreme Court of New Hampshire · 2009
  4. Ferson-Lake, LLC v. City of NashuaSupreme Court of New Hampshire · 2009
  5. Appeal of Conservation Law FoundationSupreme Court of New Hampshire · 2021

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API