Hurley v. Town of Hollis

While the majority correctly states the law governing expansion of nonconforming uses, I believe that the appropriate analysis in this case focuses on the law governing special exceptions. Because I would accordingly reverse the trial court’s order, I respectfully dissent.

“A special exception is a use permitted upon certain conditions as set forth in a town’s zoning ordinance.” New London Land Use Assoc. v. New London Zoning Board, 130 N.H. 510, 517, 543 A.2d 1385, 1388 (1988). To be entitled to a special exception, the applicant must present to the zoning board sufficient evidence to support…