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CHERRY v. TOWN OF HAMPTON FALLS

No. 2003-121.

150 N.H. 720 (2004)

ERNEST M. CHERRY, JR. & a. v. TOWN OF HAMPTON FALLS & a.

Supreme Court of New Hampshire.

Reargued: March 10, 2004.

Opinion Issued: April 16, 2004.

Attorney(s) appearing for the Case

Raymond P. Blanchard, Esq., P.A., of Portsmouth (Raymond P. Blanchard on the brief and orally), for the plaintiffs.

Pierce Atwood, of Portsmouth (Lawrence M. Edelman and Kimberly J.H. Memmesheimer on the brief, and Mr. Edelman orally), for the defendants.

BRODERICK, C.J.

The defendants, Town of Hampton Falls and Hampton Falls Planning Board (planning board), appeal an order of the Superior Court (McHugh, J.) ruling that the planning board's denial of an application for a subdivision submitted by the plaintiffs, Ernest M. Cherry, Jr. and Carole A. Cherry, was unlawful and unreasonable. We reverse.

The record supports the following facts. In April 2002, the plaintiffs submitted an application to the planning...

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