Avery & New Hampshire Dept. of EducationAnnotate this Case
Petitioners Curtis and Deborah Avery appealed a superior court order that dismissed their petition for a declaratory judgment for pertaining to a lot size waiver that was granted to Respondent Concord School District (District) by Respondent New Hampshire Department of Education (DOE). In 2009, the School Board for the District voted to demolish and rebuild Kimball School. The lot size for the proposed new building did not meet the minimum lot size requirements in the state Administrative Rules. As a result, the District applied for a waiver of the lot size requirements with the DOE. Petitioners owned rental property adjacent to the school lot. In 2010, they sought a declaratory judgment that the waiver was "invalid and void." Upon review, the Supreme Court found that the trial court's ruling that Petitioners lacked standing to challenge the waiver was correct. The Court affirmed the trial court's decision to dismiss Petitioner's case.