New Hampshire Municipal Association
New Hampshire Municipal Association

Court Update

30-day Deadline Includes Day of Day of ZBA Decision

Ireland v. Town of Candia
No. 2003-690, 5/17/2004

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.

Please be advised that the foregoing case summary is based upon a Supreme Court slip opinion. Slip opinions are subject to change following motions for rehearing and/or motions for reconsideration. The Court may also modify the opinion without motion. The final version of the Court’s opinion is that which appears in the New Hampshire Reports.

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