Harvey v. Town of Barrington
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In this case, the plaintiff, Candice K. Harvey, challenged the decision of the Superior Court affirming the Town of Barrington Planning Board's approval of a subdivision on a lot adjacent to her property. The lot was previously subdivided into two lots, one owned by the plaintiff and the other retained by the owners, David and Glenda Henderson. The Hendersons sought a variance to subdivide their lot into two residential lots and gain access via an easement over the plaintiff's lot. The plaintiff protested that the easement was initially meant for accessing only one lot, not two. The Superior Court affirmed the Planning Board's decision, validating the Zoning Board of Adjustment's authority to approve variances and amend subdivision plans under New Hampshire law.
The Supreme Court of New Hampshire reversed the decision of the Superior Court and remanded with instructions to vacate the Planning Board's approval of the subdivision application. The Court held that the easement, as specified in the plaintiff's deed and the 2006 plan, is to be used for a single lot and one buildable location only. Therefore, the Planning Board was precluded from approving the new plan absent legal access to the back lot consistent with RSA 674:41. The court disagreed with the trial court's conclusion that the Zoning Board of Adjustment or the Planning Board could modify the terms of the easement. The court also rejected arguments that the rule of reason should be applied to interpret the language of the easement, stating that the language was clear and unambiguous.
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