Posted by: Patricia Salkin | November 17, 2016

NH Supreme Court Upholds Denial of Variance

Plaintiff, John Cucchi, appealed an order of the Superior Court, which upheld a decision of the zoning board of adjustment (ZBA) for the defendant, the Town of Harrisville, denying his application for a variance. On appeal, landowner Cucchi argued that the trial court erred by: not providing a written notice of its decision separate from its minutes; not making the minutes in draft form until after the deadline for filing a motion for rehearing; not signing the minutes; not holding hearing on his motion for rehearing until 35 days after his motion was filed; not specifying the reasons for denial in the minutes, which reflected that the ZBA discussed and voted individually on each variance criterion; and not having sufficient evidence to support the denial of the variance.

At the outset, the court noted that in this case, the landowner had not provided his pleadings in the superior court, the transcript of the hearing held there, or in his motion for reconsideration. Since the superior court addressed the sufficiency of the evidence supporting the ZBA’s denial of the variance in its order, the court concluded that the landowner preserved only his challenge to the sufficiency of the evidence supporting the denial of his variance application. On this remaining claim, the court concluded that the landowner failed to demonstrate a reversible error.

Cucchi v. Town of Harrisville, 2016 WL 6472581 (NH 9/29/2016)

 


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