SB 208 – AS INTRODUCED
2007 SESSION
03/10
SENATE BILL 208
AN ACT relative to court review of certain planning and zoning decisions.
SPONSORS: Sen. Hassan, Dist 23; Sen. Burling, Dist 5; Sen. Roberge, Dist 9; Rep. Bridgham, Carr 2; Rep. Stohl, Coos 1
COMMITTEE: Public and Municipal Affairs
This bill amends the standard for court review of planning and zoning decisions of zoning boards of adjustment, local legislative bodies, and planning boards.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-1238
03/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to court review of certain planning and zoning decisions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Appeal and Court Review of Board of Adjustment and Local Legislative Body Decisions; Burden of Proof. Amend RSA 677:6 to read as follows:
677:6 Burden of Proof. In an appeal to the court, the burden of proof shall be upon the party seeking to set aside any order or decision of the zoning board of adjustment or any decision of the local legislative body to show that the order or decision is unlawful or unreasonable. All findings of the zoning board of adjustment or the local legislative body upon all questions of fact properly before the court shall be prima facie lawful and reasonable. The order or decision appealed from shall not be set aside or vacated, except for errors of law, unless the court is persuaded by the balance of probabilities, [on] upon weighing the evidence before it, that said order or decision is unreasonable.
2 Appeal and Court Review of Planning Board Decisions; Burden of Proof. Amend RSA 677:15, V to read as follows:
V. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review when there is an error of law or when the court is persuaded by the balance of probabilities, [on] upon weighing the evidence before it, that said decision is unreasonable. Costs shall not be allowed against the municipality unless it shall appear to the court that the planning board acted in bad faith or with malice in making the decision appealed from.
3 Effective Date. This act shall take effect 60 days after its passage.