appeal

Failure to Timely File a Housing Appeals Board Appeal does not Preclude Proceeding with a Timely Appeal to the ZBA since the HAB Appeal would be Premature Before the ZBA had the Opportunity to Rule on the Zoning Questions

Newfound Serenity was denied site plan approval by the Hebron Planning Board for a seasonal recreational vehicle park and Newfound appealed that denial to both the Housing Appeals Board and the Hebron ZBA.   The appeal to the HAB was dismissed as being untimely (a dismissal that Newfound did not appeal), but the appeal to ZBA was timely and the ZBA overturned four of the Planning Board’s reasons for denying the site plan but upheld one reason and declined to address two other reasons for lack of statutory authority.  Newfound then appealed the ZBA decision to the Superior Cou

30-day Time Period for Appealing a Planning Board Decision is Calculated Starting with the Day after the Date of the Decision

After a planning board decision permitting development of a vacant lot as a condominium storage facility for boats, snowmobiles and motorcycles, two abutters appealed to the Superior Court.  The date of the planning board decision was May 8, 2019.  The appeal was filed in the Superior Court on June 8, 2019.  The town and the permit holder moved to dismiss because under RSA 677:15, I the 30-day period to timely appeal started running on May 9, 2019 and expired on June 7, 2019, divesting the Superior Court of jurisdiction to hear the appeal.  The plaintiff countered that c