In Re Maple Tree Place

Summary

The Court affirmed the superior court’s interlocutory remand of Maple Tree Place Associates’ application to the planning commission, but rejected the conclusion that the remand was authorized by the Administrative Procedure Act. It held that the superior court possesses inherent authority to remand a municipal zoning matter when necessary to permit consideration of an issue that may not have been adequately addressed locally, and that the remand was not an abuse of discretion. The Court limited the remand to allowing the planning commission to determine whether good cause existed to reopen the proceeding and, if so, to consider the phasing proposal under the earlier town plan.