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.
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 […]
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 […]
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 […]
677:13 Hearing. – The court may take evidence or appoint a referee to take such evidence as it may direct and report the same with the referee’s findings of fact and conclusions of law. Source. 1983, 447:1. 1995, 243:6, eff. Jan. 1, 1996.
677:14 Costs. – Costs shall not be allowed against the municipality unless it shall appear to the court that the zoning board of adjustment acted in bad faith or with malice or gross negligence in making the decision appealed from. Source. 1983, 447:1, eff. Jan. 1, 1984.
677:15 Court Review. – I. Any persons aggrieved by any decision of the planning board concerning a plat or subdivision may present to the superior court a petition, duly verified, setting forth that such decision is illegal or unreasonable in whole or in part and specifying the grounds upon which the same is claimed […]
677:16 Court Review. – Any person aggrieved by a decision of the designated building code board of appeals may appeal the decision to the superior court for the county, and said court shall make such orders as justice may require. Source. 1983, 447:1, eff. Jan. 1, 1984.
677:17 Appeal When Zoning Ordinance Exists. – Any person or persons jointly or severally aggrieved by a decision of the historic district commission shall have the right to appeal that decision to the zoning board of adjustment in accordance with the provisions of RSA 676:5 and RSA 677:1-14. Source. 1983, 447:1. 1987, 256:6, eff. […]
677:18 Appeal When no Zoning Ordinance Exists. – In municipalities which do not have a zoning board of adjustment, motions for rehearing and appeals from decisions of the historic district commission shall be governed by the applicable provisions of RSA 677:1-14. Source. 1983, 447:1, eff. Jan. 1, 1984.
677:19 Subsequent Amendment. – Whenever an appeal to the superior court is initiated under this chapter and the court finds that the ordinance, or section thereof, upon which the board of adjustment, board of appeals, or local legislative body based its decision was invalid at the time such appeal was initiated, or that the […]
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 […]
677:20 Fee Shifting and Posting of Bond. – I. Whenever an appeal to the superior court is initiated under this chapter, the court may in its discretion require the person or persons appealing to file a bond with sufficient surety for such a sum as shall be fixed by the court to indemnify and […]
677:3 Rehearing by Board of Adjustment, Board of Appeals, or Local Legislative Body. – I. A motion for rehearing made under RSA 677:2 shall set forth fully every ground upon which it is claimed that the decision or order complained of is unlawful or unreasonable. No appeal from any order or decision of the […]
677:4 Appeal From Decision on Motion for Rehearing. – Any person aggrieved by any order or decision of the zoning board of adjustment or any decision of the local legislative body may apply, by petition, to the superior court within 30 days after the date upon which the board voted to deny the motion […]
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.
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 […]
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.
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.
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 […]
