Supreme Court of New Hampshire

Appeal of Town of Roxbury

November 14, 2023

Summary

The Supreme Court of New Hampshire reversed the Housing Appeals Board’s order, holding that the Board erred by substituting its own judgment for the Planning Board’s findings, by misapplying the statutory test for scattered or premature development, and by basing its denial on a concern about future development. The Court reinstated the Planning Board’s denial of Greatwoods’ three‑lot subdivision application.