Johnson v. Town of Wolfeboro Planning Board

Summary

The Supreme Court of New Hampshire held that condominium unit owners had standing to challenge a planning board's approval of a special use permit for an adjacent property. Applying the Weeks factors, the court found that the owners' proximity to the proposed structure, the significance of the proposed change, and their participation in the administrative proceedings established a direct and definite interest. The court reversed the dismissal for lack of standing and remanded.

Holdings

1. A condominium board's authority over common areas and internal condominium matters does not, absent express authorization in the declaration or bylaws, extinguish individual unit owners' legal rights or authorize the board to contract away their standing to challenge a land-use decision affecting their individual property interests.
2. The Johnsons had standing as a matter of law under the Weeks factors because their unit was near the proposed development, the proposed change was significant, they alleged an immediate effect on their use and enjoyment of their property, and they actively participated in the planning board proceedings.

Questions Presented

1. Whether the Johnsons had standing as persons aggrieved under RSA 677:15, I, to challenge the planning board's approval of Sheepshead's special use permit.
2. Whether the condominium board's decision not to oppose the development, or any purported agreement with Sheepshead, deprived individual condominium owners of standing to challenge the land-use decision.
3. Whether the superior court properly dismissed the petition for lack of standing.

Disposition

reversed_and_remanded