Supreme Court of New Hampshire

TransFarmations, Inc. v. Town of Amherst

November 30, 2022

Summary

The Supreme Court reversed the trial court’s affirmation of the Town of Amherst’s denial of TransFarmations’ second conditional use permit, holding that the revised application, which supplied the traffic study the Board identified as missing, constituted a material change of circumstances under the Fisher doctrine. The Court remanded for further proceedings consistent with that finding.