Section 677:5 – Priority.
677:5 Priority. – Any hearing by the superior court upon an appeal under RSA 677:4 shall be given priority on the court calendar. Source. 1983, 447:1, eff. Jan. 1, 1984.
Section 677:6 – Burden of Proof.
677:6 Burden of Proof. – In an appeal to the court, the burden of proof shall be upon the party seeking to set aside any order or decision of the zoning board of adjustment or any decision of the local legislative body to show that the order or decision is unlawful or unreasonable. All […]
Section 677:7 – Parties in Interest.
677:7 Parties in Interest. – Any person whose rights may be directly affected by the outcome of the appeal may appear and become a party, or the court may order such persons to be joined as parties as justice may require. Source. 1983, 447:1, eff. Jan. 1, 1984.
Section 677:8 – Filing Certified Record.
677:8 Filing Certified Record. – Upon the filing of an appeal, the clerk of court shall issue a summons requiring a certified copy of the record appealed from to be filed with the court. Source. 1983, 447:1. 2014, 204:45, eff. July 11, 2014.
Section 677:9 – Restraining Order.
677:9 Restraining Order. – The filing of an appeal shall not stay any enforcement proceedings upon the decision appealed from, and shall not have the effect of suspending the decision of the zoning board of adjustment or local legislative body. However, the court, on application and notice, for good cause shown, may grant a […]
Section 677:10 – Evidence; How Considered.
677:10 Evidence; How Considered. – All evidence transferred by the zoning board of adjustment or the local legislative body shall be, and all additional evidence received may be, considered by the court regardless of any technical rule which might have rendered the evidence inadmissible if originally offered in the trial of an action at […]
Section 677:11 – Judgment.
677:11 Judgment. – The final judgment upon every appeal shall be a decree dismissing the appeal, or vacating the order or decision complained of in whole or in part, as the case may be; but, in case such order or decision is wholly or partly vacated, the court may also, in its discretion, remand […]
Section 677:12 – Appeals to Court: Certifying Record.
677:12 Appeals to Court: Certifying Record. – An order of court to send up the record may be complied with by filing either the original papers or duly certified copies thereof, or of such portions thereof as the order may specify, together with a certified statement of such other facts as show the grounds […]
Section 677:1 – Procedure.
677:1 Procedure. – Whenever a person or a municipality seeks a rehearing on or an appeal of a zoning-related order or decision, the procedures enacted under this chapter shall be followed. Source. 1983, 447:1, eff. Jan. 1, 1984.
Section 677:2 – Motion for Rehearing of Board of Adjustment, Board of Appeals, and Local Legislative Body Decisions.
677:2 Motion for Rehearing of Board of Adjustment, Board of Appeals, and Local Legislative Body Decisions. – Within 30 days after any order or decision of the zoning board of adjustment, or any decision of the local legislative body or a board of appeals in regard to its zoning, the selectmen, any party to […]