Cited by

form its decision in this case thereby further contributing [to] the fundamental unfairness of the proceedings and denying [the plaintiffs] procedural due process.” However, “[w]e have previously held that ZBA members may base their conclusions upon ‘their own knowledge, experience and observations,’” as well as upon “their common sense.” Dietz, 171 N.H. at 624 (quoting Biggs v. Town of Sandwich, 124 N.H. 421, 427 (1984)).

We have previously held that ZBA members may base their conclusions upon “their own knowledge, experience and observations.” Biggs v. Town of Sandwich, 124 N.H. 421, 427 (1984).

Biggs v. Town of Sandwich, 124 N.H. 421, 427 (1984).

RSA 677:6; Biggs v. Town of Sandwich, 124 N.H. 421, 426, 470 A.2d 928, 931 (1984).

“Our standard of review is not whether we would have found as the [fact finder] did, but whether there was evidence on which he [or she] could reasonably base his [or her] findings.” Biggs v. Town of Sandwich, 124 N.H. 421, 426, 470 A.2d 928, 931 (1984).

RSA 677:6; Biggs v. Town of Sandwich, 124 N.H. 421, 426, 470 A.2d 928, 931 (1984).

Of course, the board is “entitled to rely in part on its own judgment and experience in acting upon applications for subdivision approval.” Durant, 121 N.H. at 357, 430 A.2d at 144; see also Biggs v. Town of Sandwich, 124 N.H. 421, 427, 470 A.2d 928, 932 (1984).

Rowe v. Town of North Hampton, 131 N.H. 424, 427, 553 A.2d 1331, 1333 (1989); Biggs v. Town of Sandwich, 124 N.H. 421, 427, 470 A.2d 928, 932 (1984).

Rowe v. Town of North Hampton, 131 N.H. 424, 427, 553 A.2d 1331, 1333 (1989); Biggs v. Town of Sandwich, 124 N.H. 421, 427, 470 A.2d 928, 932 (1984).

Biggs v. Town of Sandwich, 124 N.H. 421, 427, 470 A.2d 928, 932 (1984); Gelinas v. Portsmouth, 97 N.H. 248, 250, 85 A.2d 896, 898 (1952).

Biggs v. Town of Sandwich, 124 N.H. 421, 426, 470 A.2d 928, 931 (1984).

Id., 175 P.2d at 549-50; Biggs v. Town of Sandwich, 124 N.H. 421, 428, 470 A.2d 928, 930 (1984).

It is well established that a landowner who relies in good faith on the absence of a regulation which might prohibit his project, and who has incurred substantial liabilities or has made substantial construction on his project, acquires a “vested right to complete the project despite the subsequent adoption of an ordinance prohibiting the same.” Biggs v. Town of Sandwich, 124 N.H. 421, 426, 470 A.2d 928, 931 (1984).

See, e.g., Biggs v. Town of Sandwich, 124 N.H. 421, 428, 470 A.2d 928, 932 (1984) (plaintiffs’ knowledge of a town ordinance which barred their right to obtain a permit to fill wetlands, and the plaintiffs’ decision to build without a permit in the face of that risk, rendered any hardship that they suffered self-imposed); cf. Metzger v. Town of Brentwood, 117 N.H. 49

“A decision of the [zoning board of adjustment] may not be set aside by the superior court unless there is an error of law, or the court is persuaded by the balance of probabilities, on the evidence before it, that said decision is unreasonable.” Biggs v. Town of Sandwich, 124 N.H. 421, 427, 470 A.2d 928, 932 (1984).