Proulx v. City of Dover Zoning Board of Adjustment

This is an appeal by the City of Dover Zoning Board of Adjustment under RSA 31:77 seeking to set aside the decree of the Strafford County Superior Court, dated December 3, 1979, which granted the plaintiffs request for a variance.

After a trial, which included a view, the Master (Donald F. Whittum, Esq.) found that the zoning board’s denial of the plaintiff’s request for a variance was unjust and unreasonable. He granted the request, and the Superior Court (Mullavey, J.) approved the decree. The city filed a notice of appeal pursuant to Supreme Court Rule 7, but it did not move to set aside…