City of Portsmouth v. Boyle

Summary

The Supreme Court of New Hampshire affirmed an award of costs to a property owner who prevailed in a municipal zoning enforcement action involving alleged clear-cutting in a wetlands buffer zone. The court held that RSA 676:17 did not preclude an award of costs under Superior Court Rule 87 without a finding of municipal bad faith, and that the zoning enforcement action was an equitable civil proceeding to which Rule 87 applied. The court also upheld the trial court’s exercise of discretion in awarding deposition and expert-witness costs.

Holdings

1. RSA 676:17 does not preclude an award of costs to a prevailing defendant under Superior Court Rule 87, and neither RSA 676:17 nor Rule 87 requires a finding of municipal bad faith before costs may be awarded.
2. Superior Court Rule 87 applies to the City's zoning-enforcement action because the City sought equitable relief and penalties in an equity case.
3. The superior court did not unsustainably exercise its discretion by awarding Boyle costs.

Questions Presented

1. Whether RSA 676:17 prevents a prevailing defendant from recovering costs under Superior Court Rule 87 in a municipal zoning-enforcement action absent a finding of bad faith.
2. Whether a municipal zoning-enforcement action seeking injunctive relief and penalties is an equitable or civil proceeding to which Superior Court Rule 87 applies.
3. Whether the superior court unsustainably exercised its discretion by awarding Boyle costs despite finding that the City had not acted in bad faith.

Disposition

affirmed