ZONING - NEW HAMPSHIRE

Trefethen v. Town of Derry

Supreme Court of New Hampshire - April 12, 2013 - A.3d - 2013 WL 1497321

The Supreme Court of New Hampshire holds that, because original 30-day filing deadline fell on a Saturday, property owners could timely file their appeal with the zoning board of adjustment on the following Monday.

Property owners sought rehearing after township’s Zoning Board of Adjustment (ZBA) granted a special exception to the lessee of abutting property, permitting the property to be used as a day care facility. The ZBA denied rehearing, and property owners appealed. The superior court dismissed, ruling that the property owners did not satisfy the 30-day filing deadline.

The Supreme Court of New Hampshire held that because original 30-day filing deadline fell on a Saturday, property owners could timely file their appeal on the following Monday.



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