Green Crow Corp. v. Town of New Ipswich, 157 N.H. 344

Summary

The Supreme Court of New Hampshire held that RSA 231:28 incorporates the occasion requirement of RSA 231:8, so a petitioner seeking to upgrade and reclassify a Class VI road as a Class V highway must show that occasion exists for the layout. The court further held that selectmen may not consider anticipated impacts from future development, such as effects on schools, public safety systems, or municipal infrastructure, as part of the occasion analysis under RSA chapter 231. The matter was remanded.

Holdings

1. RSA 231:28 incorporates the occasion requirement of RSA 231:8. A petitioner seeking permission to upgrade a Class VI road to a Class V road must show that occasion exists for the layout.
2. The occasion analysis under RSA 231:8 does not authorize the board of selectmen, or the superior court on de novo review, to use a requested highway layout or upgrade as a vehicle for conducting land-use planning or zoning concerning anticipated future development.

Questions Presented

1. Whether RSA 231:28 incorporates the occasion requirement of RSA 231:8 for a petition to upgrade and reclassify an existing Class VI road as a Class V highway.
2. Whether, when applying the occasion requirement, the board of selectmen or superior court may consider the anticipated municipal, environmental, infrastructure, and land-use impacts of development that may result from the road upgrade.

Disposition

remanded