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CAPARCO v. TOWN OF DANVILLE

No. 2004-711.

152 N.H. 722 (2005)

FRANK CAPARCO & a. v. TOWN OF DANVILLE. NORMA DROWNE & a. v. TOWN OF SANDOWN.

Supreme Court of New Hampshire.

Opinion Issued: November 15, 2005.

Attorney(s) appearing for the Case

Sumner F. Kalman, Attorney at Law, P.C., of Plaistow (Thea S. Valvanis and Sumner F. Kalman on the brief, and Mr. Kalman orally), for the petitioners.

Peter J. Loughlin, of Portsmouth, and Robert G. Eaton, of Rye (Mr. Loughlin and Mr. Eaton on the brief, and Mr. Loughlin orally), for the respondents.

Nolan T. Koon, of Concord, by brief, for the New Hampshire Municipal Association, as amicus curiae.

BRODERICK, C.J.

The petitioners appeal a decision of the Superior Court (Morrill, J.) upholding the impact fee ordinances adopted by the respondent towns that grant authority to the local planning boards to adjust the amount of impact fees charged. We affirm.

The relevant facts are as follows. The petitioners are individuals, businesses and a trust; namely, Frank Caparco, Homeplate II, Inc., MDR Corporation, Mahogany Realty Enterprises, Inc., Home Builders...

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