Raymond v. Town of Plaistow
Annotate this CasePlaintiff Jeffrey Raymond, as Trustee of J&R Realty Trust, appealed a superior court order affirming a decision of the Zoning Board of Adjustment (ZBA) for the Town of Plaistow denying the plaintiff’s variance request and upholding the zoning determination of the town’s Building Inspector (BI). Plaintiff argued the court erred in affirming the ZBA’s decision because: (1) the record supported plaintiff’s contention that its proposed use of the property falls within the definition of a Trade Business; and (2) the ZBA unlawfully considered prior zoning violations at other properties operated by plaintiff’s anticipated tenant when making its determinations. After review, the New Hampshire Supreme Court concluded that, based upon the plain language of the town’s zoning ordinance, plaintiff’s proposed use of the property constituted a Trade Business. Accordingly, the Court reversed the trial court’s order upholding the ZBA’s decision denying plaintiff’s appeal of the BI’s zoning determination.
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