Cited by

at 513, “the members of the board can consider their own knowledge concerning such factors as traffic conditions, surrounding uses, etc., resulting from their familiarity with the area involved.” Vannah v. Bedford, 111 N.H. 105, 108 (1971), overruled on other grounds by Cook v. Town of Sanbornton, 118 N.H. 668, 671 (1978).

While the board may have been free to question and reject the methodology or conclusions of the college’s expert study, see Vannah v. Bedford, 111 N.H. 105, 112 (1971), overruled on other grounds by Cook v. Town of Sanbornton, 118 N.H. 668 (1978), the trial court could not 5 To the extent the trial court relied on the abutters’ report in making any findings with regard to shadows or darkening of the abutting neighborhood, these findings and conclusions are not reasonably supported by the abutter

The trial court does not sit “as a ‘super zoning board.’” See Cook v. Town of Sanbornton, 118 N.H. 668, 671 (1978).

Vannah v. Bedford, 111 N.H. 105, 108 (1971) (“In arriving at a decision, the members of the board can consider their own knowledge concerning such factors as traffic conditions, surrounding uses, etc., resulting from their familiarity with the area involved.”), overruled on other grounds by Cook v. Town of Sanborton, 118 N.H. 668, 671 (1978).

the special exception implies that it did not accept Continental’s experts’ conclusions and that “the record contains sufficient evidence to support a finding that [those] experts lacked credibility.” The Town correctly notes that the ZBA does “not have to accept the conclusions of the experts.” Vannah v. Bedford, 111 N.H. 105, 112 (1971), overruled on other grounds by Cook v. Town of Sanbornton, 118 N.H. 668 (1978).

The superior court affords deference and applies a stricter standard of review to appeals of decisions from local land use boards because the members of these boards are more “familiar[] with the area involved.” Vannah v. Bedford, 111 N.H. 105, 108 (1971), overruled on other grounds by Cook v. Town of Sanbornton, 118 N.H. 668, 671 (1978).

Vannah v. Bedford, 111 N.H. 105, 112 (1971), overruled on other grounds by Cook v. Town of Sanbornton, 118 N.H. 668, 671 (1978).

The town argues that the ZBA is not bound by the conclusions of the expert, and is entitled to consider its own knowledge of the area and conduct its own fact-finding, Vannah v. Bedford, 111 N.H. 105, 112 (1971), overruled on other grounds by Cook v. Town of Sanbornton, 118 N.H. 668, 671 (1978).

In reviewing an appeal of a ZBA decision, the superior court does not sit as a “super zoning board.” Cook v. Town of Sanbornton, 118 N.H. 668, 671 (1978).

Cook v. Town of Sanbornton, 118 N.H. 668, 670, 392 A.2d 1201, 1202 (1978) (quotation omitted) (decided under prior law).

Cook v. Town of Sanbornton, 118 N.H. 668, 670, 392 A.2d 1201, 1202 (1978) (quotation omitted) (decided under prior law); see RSA 677:6.

a town may properly consider the town selectmen’s and planning board members’ “knowledge concerning such factors as traffic conditions, surrounding uses, etc., resulting from their familiarity with the area involved.” Vannah v. Bedford, 111 N.H. 105, 108, 276 A.2d 253, 255 (1971) (zoning board of adjustment decision regarding variance), overruled on other grounds by Cook v. Town of Sanbornton, 118 N.H. 668, 671, 392 A.2d 1201, 1203 (1978).

RSA 31:77 (Supp. 1979); cf. Cook v. Town of Sanbornton, 118 N.H. 668, 669-70, 392 A.2d 1201, 1202 (1978).

Additionally, the trial court shall not set aside or vacate such orders or decision, “except for errors of law, unless the court is persuaded by the balance of probabilities, on the evidence before it, that said order or decision is unreasonable.” Id.; e.g., Slater v. Planning Board of Town of Rumney, 121 N.H. 212, 215, 427 A.2d 511, 513 (1981); Cook v. Town of Sanbornton, 118 N.H. 668, 669, 392 A.2d 1201, 1202 (1978).

The plaintiff contends that this interpretation of RSA 31:78 is contrary to that enunciated in Cook v. Town of Sanbornton, 118 N.H. 668, 392 A.2d 1201 (1978), and that the master therefore evaluated the zoning board’s decision under the wrong standard.

He claims that the master improperly relied on Cook v. Town of Sanbornton, 118 N.H. 668, 392 A.2d 1201 (1978), which we decided after the trial but prior to the master’s decision in the instant case.

The court set aside the decision under the authority of Cook v. Town of Sanbornton, 118 N.H. 668, 392 A.2d 1201 (1978), and directed that the application be granted.

The defendant argues that the standard of judicial review set forth in Cook v. Sanbornton, 118 N.H. 668, 392 A.2d 1201 (1978), should not be applied retroactively to this case.

In making its determination, the trial court applied the test laid down in Cook v. Town of Sanbornton, 118 N.H. 668, 392 A.2d 1201 (1978).

Ouimette v. City of Somersworth, 119 N.H. 292, 294, 402 A.2d 159, 161 (1979); Rowe v. Town of Salem, 119 N.H. 505, 507, 403 A.2d 428, 429 (1979); Cook v. Town of Sanbornton, 118 N.H. 668, 670, 392 A.2d 1201, 1202 (1978).

Nevertheless, “RSA 31:78 provides that decisions reached by zoning boards ‘shall not be set aside or vacated, except for errors of law, unless the court is persuaded by the balance of probabilities, on the evidence before it that said order or decision is unjust or unreasonable.’ ” Cook v. Town of Sanbornton, 118 N.H. 668, 669, 392 A.2d 1201, 1202 (1978) (emphasis in original).

Under the provisions of RSA 31:77 and 31:78, the superior court has the power to overturn the board’s determination when it concludes that the order is unlawful, or when it “is persuaded by the balance of probabilities, on the evidence before it, that [the] order or decision is unjust or unreasonable.” RSA 31:78; Cook v. Town of Sanbornton, 118 N.H. 668, 670, 392 A.2d 1201, 1202 (1978); Liolis v. Franklin Zoning Bd.

Cook v. Town of Sanbornton, 118 N.H. 668, 392 A.2d 1201 (1978).