Kevin F. MacMillan v. Town of Conway

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2022-0489, Kevin F. MacMillan v. Town of
Conway, the court on March 22, 2023, issued the following
order:

On February 2, 2023, the plaintiff filed several photographs, and on
February 14, February 15, March 7, and March 20, 2023, he filed a number of
other documents. The plaintiff improperly submitted all of these documents
after the deadline for him to have submitted his appendix had passed. See
Sup. Ct. R. 13(3). Accordingly, the court will not consider the documents in
resolving the appeal, and the partially-assented-to motion filed by Vertex
Towers, LLC to strike the photographs is moot.

The court has reviewed the written arguments and the record submitted
on appeal, and has determined to resolve the case by way of this order. See
Sup. Ct. R. 20(2). The plaintiff, Kevin F. MacMillan, appeals an order of the
Superior Court (Ignatius, J.) upholding a decision of the zoning board of
adjustment for the defendant, the Town of Conway, to grant a special exception
to Vertex Towers, LLC, that would allow the installation of a wireless
communications tower exceeding a particular height. The plaintiff argues that
the evidence was insufficient to support the trial court’s decision. We note that
the trial court properly declined to consider issues not raised in the plaintiff’s
motion for rehearing before the zoning board of adjustment; nor will we
consider such issues on appeal. See RSA 677:3, I (2016); Robinson v. Town of
Hudson, 154 N.H. 563, 567-68 (2006). Based upon our review of the briefs,
the relevant law, the record on appeal, and the trial court’s thorough and well-
reasoned decision, we find the plaintiff’s arguments unpersuasive, and affirm
the trial court’s decision.

Affirmed.

MacDonald, C.J., and Hicks, Bassett, Hantz Marconi, and Donovan, JJ.,
concurred.

Timothy A. Gudas,
Clerk