Hooksett Conservation Commission v. Hooksett Zoning Board of Adjustment

Summary

The New Hampshire Supreme Court held that the Hooksett Conservation Commission lacked standing to seek rehearing of a zoning board decision or appeal that decision to superior court under RSA 677:4. The court concluded that the commission was not a party entitled to request rehearing under RSA 677:2, despite having authority to appeal the code enforcement officer’s decision to the zoning board under RSA 676:5. The court reversed the superior court’s denial of the motion to dismiss; a dissent argued that the commission was a party because it initiated the zoning proceedings.

Holdings

1. A municipal conservation commission that is authorized to initiate an appeal to the ZBA under RSA 676:5 is not thereby a 'party to the action or proceedings' entitled to request rehearing under RSA 677:2. The legislature did not intend to grant all municipal boards that may initiate a ZBA appeal the right to seek rehearing.
2. The conservation commission lacked standing under RSA 677:4 to appeal the ZBA's decision to superior court because it was not entitled to request rehearing under RSA 677:2.
3. The conservation commission's statutory duty to protect Hooksett's natural resources and watersheds did not authorize it to request rehearing or appeal the ZBA decision to superior court.

Questions Presented

1. Whether the Hooksett Conservation Commission was a party entitled to request rehearing under RSA 677:2 after appealing a code enforcement officer's zoning interpretation to the ZBA.
2. Whether the commission therefore qualified as a person aggrieved with standing to appeal the ZBA's decision to superior court under RSA 677:4.
3. Whether the commission's statutory duty to protect Hooksett's natural resources and watersheds independently authorized it to seek rehearing or appeal the ZBA decision.

Disposition

reversed