Legal Opinion · Dissent

Stephen E. Forster d/b/a Forster's Christmas Tree Farm & Gift Shoppe v. Town of Henniker

Supreme Court of New Hampshire

Decided June 12, 2015No. 2013-0893Published

1DissentHicks, J.

It is abundantly clear that none of my four colleagues have spent a summer in East Colebrook, an area where weddings on farms are customary. Today, the majority holds that the trial court properly determined that hosting weddings and like events is not a permitted use in Henniker’s rural residential district. The majority offers two separate and independent rationales for its decision: first, that both the plain language and legislative history of RSA 21:34-a (2012) fail to demonstrate a legislative intent to include “agritourism” in the statutory definition of “agriculture”; and second, that…

2Cases cited16 opinions

  1. Lord AppealSupreme Court of Pennsylvania · 1951
  2. Jantausch v. Borough of VeronaNew Jersey Superior Court Appellate Division · 1956
  3. Jantausch v. Borough of VeronaSupreme Court of New Jersey · 1957
  4. Gross v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1967
  5. Town of Salem v. DurrettSupreme Court of New Hampshire · 1984

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