Cited by

Peter Christian’s Inc. v. Town of Hanover, 132 N.H. 677, 683 (1990) (zoning board); Durant v. Town of Dunbarton, 121 N.H. 352, 357 (1981) (planning board) (decided under prior law).

Durant v. Town of Dunbarton, 121 N.H. 352, 357 (1981).

Durant v. Town of Dunbarton, 121 N.H. 352, 354 (1981).

at 485-86 (citation and quotation omitted); see also Durant v. Town of Dunbarton, 121 N.H. 352, 355-56 (1981) (subdivision regulation prohibiting subdivision on land that cannot be “safely used” for building purposes because of “exceptional danger to health” or “other menace” was not impermissibly vague); Bethlehem v. Robie, 111 N.H. 186, 187 (1971) (zoning ordinance prohibiting uses “detrimental or injurious”

“The standard of review for this court is not whether we would find as the trial court did but whether the evidence reasonably supports the finding.” Durant v. Town of Dunbarton, 121 N.H. 352, 357, 430 A.2d 140, 144 (1981); see, e.g., Grey Rocks Land Trust v. Town of Hebron, 136 N.H. 239, 248-49, 614 A.2d 1048, 1053 (1992) (Horton, J. dissenting) (noting that “[o]ur role on review is also limited, requiring deference to the trial court’s findings” even where the evidence was “essentially limited

After a hearing, the superior court concluded that the plaintiff had not met its burden of demonstrating “by a balance of the probabilities,” Durant v. Town of Dunbarton, 121 N.H. 352, 357, 430 A.2d 140, 143-44 (1981) (quotation omitted) (applying prior law), that the planning board’s decision was illegal or unreasonable, see RSA 677:15, I. The plaintiff appealed, arguing that the planning board’s denial of its subdivision application was invalid under the “scattered and premature” language in t

The town correctly cites Durant v. Town of Dunbarton, 121 N.H. 352, 430 A.2d 140 (1981), for the proposition that a “planning board is entitled to rely in part on its own judgment and experience in acting upon applications for subdivision approval.” Id.

Hence, our inquiry is not “whether we would find as the trial court did, but whether the evidence reasonably supports the finding.” Durant v. Town of Dunbarton, 121 N.H. 352, 357, 430 A.2d 140, 144 (1981).

Durant v. Town of Dunbarton, 121 N.H. 352, 354, 430 A.2d 140, 142 (1981).

Durant v. Town of Dunbarton, 121 N.H. 352, 357, 430 A.2d 140, 144 (1981).

The law is well settled that “[a] decision of the board may not be set aside by the superior court unless there is an error of law or unless ‘the court is persuaded by the balance of probabilities, on the evidence before it, that said decision is unreasonable.’” Durant v. Town of Dunbarton, 121 N.H. 352, 357, 430 A.2d 140, 143-44 (1981) (quoting RSA 36:34, V (Supp. 1979) (recodified in 1983 in RSA 677:6)).

The law is well settled; “[i]n reviewing a decision by the superior court the standard for review for this court is not whether we would find as the trial court did, but whether the evidence reasonably supports the finding.” Cutting v. Town of Wentworth, 126 N.H. 727, 728, 497 A.2d 839, 840 (1985) (citing Durant v. Town of Dunbarton, 121 N.H. 352, 357, 430 A.2d 140, 144 (1981)).

Durant v. Town of Dunbarton, 121 N.H. 352, 357, 430 A.2d 140, 144 (1981).

unreasonable.” RSA 677:15, V; see also Durant v. Town of Dunbarton, 121 N.H. 352, 357, 430 A.2d 140, 143-44 (1981).

Durant v. Town of Dunbarton, 121 N.H. 352, 357, 450 A.2d 140, 144 (1981).

Cutting v. Town of Wentworth, 126 N.H. 727, 728, 497 A.2d 839, 840 (1985) (citing Durant v. Town of Dunbarton, 121 N.H. 352, 357, 430 A.2d 140, 144 (1981)).

Durant v. Town of Dunbarton, 121 N.H. 352, 357, 430 A.2d 140, 144 (1981).

He thus followed our holding in Durant v. Town of Dunbarton, 121 N.H. 352, 354, 430 A.2d 140, 142 (1981), that if any of the board’s reasons support the denial, then the plaintiff’s appeal to the superior court must fail.

Durant v. Town of Dunbarton, 121 N.H. 352, 357, 430 A.2d 140, 144 (1981).

Durant v. Town of Dunbarton, 121 N.H. 352, 357, 430 A.2d 140, 144 (1981).

Based on this evidence, and their own knowledge, experience and observations, see Durant v. Town of Dunbarton, 121 N.H. 352, 357, 430 A.2d 140, 144 (1981), they concluded that the septic system’s proximity to the wetlands created an unacceptable potential for contamination and ecological damage.

Durant v. Town of Dunbarton, 121 N.H. 352, 354, 430 A.2d 140, 142 (1981).

of its members.” See Durant v. Town of Dunbarton, 121 N.H. 352, 430 A.2d 140 (1981); Hanrahan v. City of Portsmouth, supra at 948, 409 A.2d at 1339.

Durant v. Town of Dunbarton, 121 N.H. 352, 355, 430 A.2d 140, 143 (1981); Town of Freedom v. Gillespie, 120 N.H. 576, 580, 419 A.2d 1090, 1092 (1980); see Carbonneau v. Town of Rye, 120 N.H 96, 98, 411 A.2d 1110, 1112 (1980).