Supreme Court of New Hampshire

New Hampshire Alpha of SAE Trust v. Town of Hanover

May 25, 2021

Summary

The Supreme Court affirmed that the Hanover Zoning Board of Adjustment has subject‑matter jurisdiction to hear an appeal of a zoning‑violation notice when the appeal challenges the administrator’s construction, interpretation, or application of the ordinance. It also affirmed the trial court’s denial of the town’s request for attorney’s fees, finding no bad‑faith litigation. The Court clarified the limits of ZBA authority, noting it may not review a discretionary decision to commence enforcement proceedings.