30-day Deadline Includes Day of Day of ZBA Decision

This straightforward Supreme Court opinion is a follow-up to, and affirmance of, the calculation of time methodology recognized by the Court several months ago in Pelletier v. City of Manchester, 150 N.H.__ (2004). In this case the Candia ZBA voted to deny Ireland’s request for variance on February 13. It issued the notice of decision the following day. Ireland then filed a motion for rehearing on Monday March 17. The Court reiterated that RSA 677:2 requires a motion for rehearing to be filed within 30 days of the ZBA’s original decision. The Court also said that RSA 677:2 is “unambiguous and that the day of the ZBA’s vote is included in computing the thirty-day time period.” Thus, by counting 30 days including February 13, the applicant’s last day to file a motion for rehearing was actually Friday, March 14.