Belluscio v. Town of Westmoreland

Memorandum Opinion

BATCHELDER, J.

The plaintiffs, David and Sally Belluscio, appeal the decision of the Superior Court (Brennan, J.) upholding the defendant Town of Westmoreland Zoning Board of Adjustment’s (ZBA) denial of their request to build a single-family residence on their seven-acre lot. They argue that the trial court erred in ruling that RSA 674:41 (1986 & Supp. 1993) barred their request. We reverse and remand.

The plaintiffs sought a building permit from the town in 1990. When the application was denied, they appealed to the ZBA. Following several hearings, the ZBA determined that…