Collden Corp. v. Town of Wolfeboro, 159 N.H. 747

Summary

The Supreme Court of New Hampshire held that a 2004 planning board decision concerning the expiration of a subdivision approval was subject to the 30-day appeal deadline in RSA 677:15, I. The court also held that the petitioner's municipal estoppel claim was essentially an untimely challenge to that planning board decision. The court affirmed dismissal of the petitioner's declaratory judgment claims.

Holdings

1. RSA 677:15, I applies to a planning board decision determining that a previously approved subdivision approval has expired because the decision is a final decision concerning a plat or subdivision and is subject to the statute's thirty-day appeal requirement.
2. Collden's municipal estoppel claim was essentially a challenge to the Planning Board's decision that its subdivision rights had expired and was therefore subject to RSA 677:15, I's thirty-day appeal period.

Questions Presented

1. Whether RSA 677:15, I's thirty-day appeal period applies to a planning board decision determining that a previously approved subdivision approval had expired.
2. Whether Collden could avoid the RSA 677:15, I appeal deadline by asserting a municipal estoppel claim in a declaratory judgment action.

Disposition

affirmed