New Hampshire Alpha of SAE Trust v. Town of HanoverAnnotate this Case
Plaintiff New Hampshire Alpha of SAE Trust (SAE), appealed a superior court order upholding a Zoning Board of Adjustment (ZBA) decision in favor of defendant Town of Hanover (Town), that the use of SAE’s property at 38 College Street (the property) violated the Town’s zoning ordinance. SAE built the property in the late 1920s specifically to accommodate the Dartmouth College (College) chapter of the Sigma Alpha Epsilon fraternity. Fraternity members continuously occupied the property since 1931. SAE’s use of the property as a student residence was permitted as of right from the time the Town adopted its first zoning ordinance in 1931 until the ordinance was amended in 1976. Since the 1976 amendment, the property was zoned in the “‘I’ Institution” district. Student residences were not permitted as of right, but could be permitted by special exception. In February 2016, the College revoked its official recognition of SAE after learning that the national charter of the Dartmouth chapter had been suspended. As a result, the College no longer recognized the fraternity as a college-approved housing facility or provided insurance coverage. The College then notified the Town that it no longer recognized the fraternity as a student organization. In light of the College’s derecognition, the zoning administrator informed SAE that its use of the property as a student residence was now violating the zoning ordinance because it was not operating “in conjunction with an institutional use,” and, if continued, would subject SAE to daily fines. The New Hampshire Supreme Court affirmed the ZBA on all issues addressed except that of whether SAE itself qualified as an “Institution” in its own right under the zoning ordinance. As to that issue, the Court vacated and remanded for further proceedings.