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R.J. MOREAU COS. v. TOWN OF LITCHFIELD

No. 2002-011.

148 N.H. 773 (2002)

R.J. MOREAU COMPANIES, INC. v. TOWN OF LITCHFIELD

Supreme Court of New Hampshire.

Opinion Issued: December 24, 2002.

Attorney(s) appearing for the Case

Andrew H. Sullivan, of Bedford, and Daphne Lessard, of Bradford, on the brief, and Mr. Sullivan orally, for the plaintiff.

Bossie, Kelly, Hodes, Buckley & Wilson, P.A., of Manchester (Stephen C. Buckley and David E. LeFevre on the brief, and Mr. Buckley orally), for the defendant.

Maura Carroll, of Concord (Ms. Carroll and Linda Hoffman Dianis on the brief), for the New Hampshire Municipal Association, as amicus curiae.

DUGGAN, J.

The defendant, the Town of Litchfield (town), appeals a ruling of the Superior Court (Hampsey, J.) reversing the planning board's determination that the town could impose certain impact fees on lots owned by the plaintiff, R.J. Moreau Companies, Inc. (the developer). The court held that RSA 674:39 (1996) barred the imposition of these impact fees. We affirm.

The following facts were found by the...

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