Cited by

Kalil v. Town of Dummer Zoning Bd.

Kalil v. Town of Dummer Zoning Bd.

Kalil v. Town of Dummer Zoning Bd.

of Adjustment, 155 N.H. 307, 310 (2007) (“To the extent this ruling means the superior court reversed the ZBA’s decision because it found the decision lacked findings, the ruling constitutes error.”); Thomas v. Town of Hooksett, 153 N.H. 717, 724 (2006).

The ZBA’s failure to explicitly make a finding regarding unnecessary hardship was not an error: “[a]lthough disclosure of specific findings of fact by a board of adjustment may often facilitate judicial review, the absence of findings, at least where there is no request therefor, is not in and of itself error.” Kalil v. Town of Dummer Zoning Bd.

“The scope of remand is limited by the nature of the error or issue identified.” Kalil v. Town of Dummer Zoning Bd.

“The party seeking to set aside the ZBA decision in the superior court bears the burden of proof.” Kalil v. Town of Dummer Zoning Bd.

of Adjustment, 155 N.H. 307, 310 (2007) (“Although disclosure of specific findings of fact by a board of adjustment may often facilitate judicial review, the absence of findings, at least where there is no request therefor, is not in and of itself error.”).

of Adjustment, 155 N.H. 307, 311-12 (2007) (upholding trial court’s decision to vacate zoning board decision and remand for the board to clarify its decision); In the Matter of Gordon and Gordon, 147 N.H. 693, 700 (2002) (directing trial court on remand to make specific findings to facilitate appellate review).

of Adjustment, 155 N.H. 307, 311 (2007) (trial court may remand to the ZBA for clarification).

Kalil v. Town of Dummer Zoning Bd.

Kalil v. Town of Dummer Zoning Bd.

Kalil v. Town of Dummer Zoning Bd.

of Adjustment, 155 N.H. 307, 310-11 (2007) (finding remand to the ZBA appropriate where the superior court “intended to vacate and remand the matter because it found the text of the [ZBA] decision unclear”), let alone the character, nature, scope or effect on the surrounding neighborhood of the purported expansion, see Wickson, 146 N.H. at 331

Kalil v. Town of Dummer Zoning Bd.

of Adjustment, 155 N.H. 307, 309, 922 A.2d 672 (2007) (citations omitted).