Lake Forest R.V. Resort, Inc. v. Town of Wakefield

August 23, 2016 by Justia

Plaintiff owned a 105-acre tract of land in Wakefield. Approximately 68 acres of the tract was used for recreational vehicle campsites. In 1994, plaintiff obtained approval from the planning board to build 16 seasonal cabins on the remaining 37 acres of the tract. Each approved cabin was to be built on two acres. In 2001, the planning board decided that each cabin could be 600 square feet. Plaintiff then began creating the cabin development and as of 2007 it had constructed four cabins. In 2007, plaintiff consulted with the planning board about increasing the size of the remaining 12 cabins to approximately 850 square feet. Plaintiff’s request was denied and, despite the previous approval of 600 square feet per cabin, the permissible size of each of plaintiff’s remaining cabins was reduced to a maximum of 400 square feet. The matter was litigated and the Trial Court ordered that, because the plaintiff had relied upon the planning board’s prior approval in creating the cabin development, plaintiff was allowed to construct 600-square-foot cabins. In April 2011, plaintiff sought permission from the planning board to increase the size of the remaining 12 cabins to approximately 850 square feet. The request was again denied, and plaintiff appealed to the superior court. When the superior court upheld the planning board's decision, plaintiff appealed to the Supreme Court, arguing: (1) nothing in the language of RSA chapter 216-I precluded it from constructing “890 square foot” cabins; (2) the planning board lacked the authority to enforce compliance with RSA chapter 216-I; and (3) its rights to procedural due process were violated by confusion about which town entity defendant's attorney represented at a May 2011 planning board hearing. The Supreme Court concluded that the trial court erred in ruling that, to comport with RSA chapter 216-I, the plaintiff’s “cabins must be less than 400 square feet.” The case was remanded for the superior court to vacate the planning board’s decision and for the planning board to address plaintiff’s request to increase the size of the remaining cabins. View "Lake Forest R.V. Resort, Inc. v. Town of Wakefield" on Justia Law