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TONNESEN v. TOWN OF GILMANTON

No. 2007-202.

943 A.2d 782 (2008)

Glenn L. TONNESEN v. TOWN OF GILMANTON.

Supreme Court of New Hampshire.

Opinion Issued: March 13, 2008.

Rehearing Denied April 2, 2008.

Attorney(s) appearing for the Case

Donahue Tucker & Ciandella, PLLC, of Exeter (Robert M. Derosier and Robert D. Ciandella, on the brief, and Mr. Ciandella orally), for the petitioner.

Upton & Hatfield, LLP, of Concord (Barton L. Mayer and Matthew R. Serge, on the brief, and Mr. Serge orally), for the respondent.

DALIANIS, J.

The petitioner, Glenn L. Tonnesen, appeals the order of the Superior Court (Smukler, J.) denying his petition for a declaratory judgment that, pursuant to RSA 674:16, V (Supp.2007), aircraft takeoffs and landings are a valid and permitted use of his property. We affirm.

The record reflects the following facts. The petitioner owns approximately 230 acres of land in the rural zoning district of the Town of Gilmanton on which he intends to...

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