Accurate Transport, Inc. & a. v. Town of Derry

The respondent, the Town of Derry (Town), appeals a decision of the Superior Court (Wageling, J.) granting the motion for summary judgment filed by the petitioners, Accurate Transport, Inc. (Accurate Transport) and 41 Ashleigh Drive, LLC (Ashleigh Drive), on the basis that an abutter’s appeal to the Derry Zoning Board of Adjustment (ZBA) was untimely. We reverse.

The following facts are either undisputed or established by the record. In November 2012, Accurate Transport submitted a preliminary site plan application to the Derry Planning Board for approval to operate a “Dumpster Depot” business…