K & J Associates v. City of Lebanon

The majority’s analysis engrafts a site plan regulation, unique to the City of Lebanon, onto the jurisdictional prerequisites of the statute to create an appeal period beyond that found by the trial court. I would uphold the trial court’s finding of no jurisdiction for the reasons enumerated herein and, accordingly, respectfully dissent.

The majority bases its conclusion on the purported ambiguity of the word “decision” in RSA 677:15 (Supp. 1994) (amended 1995). However, the plaintiffs do not contend that the term “decision” is ambiguous and should be construed in their favor; to the contrary,…