Preview:

NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Hillsborough-southern judicial district No. 2009-228 ALFRED HUARD v. TOWN OF PELHAM & a. Argued: November 4, 2009 Opinion Issued: December 31, 2009 Sakellarios & Associates, LLC, of Manchester (Jean-Claude Sakellarios on the brief), and Walsh & Associates, of Manchester (Robert M. Walsh on the brief and orally), for the petitioner. Donahue, Tucker & Ciandella, PLLC, of Exeter (John L. McGowan and John J. Ratigan on the brief, and Mr. McGowan orally), for the respondents. DALIANIS, J. The petitioner, Alfred Huard, appeals three orders of the Superior Court (Groff, J., Nicolosi, J., and Barry, J.) in favor of the respondents, Town of Pelham, Roland Soucy, acting code enforcement officer, and Jeffrey Gowan, town planning officer. The first order denied his motion to enforce settlement. The second and third orders granted the town's motions for summary judgment. We affirm.

The following facts are not in dispute. Huard owned and operated an automobile transmission repair business. In 2004, he purchased property at 3 Windham Road, located in a residential zone. He used the property for both residential and business purposes, believing that he could do so pursuant to a use variance granted to prior owners of the property in 1985. The 1985 use variance permitted repair of "carburetors, fuel pumps alternators, etc." In August 2006, Huard received a letter from the town's code compliance officer stating that "operation of an automobile transmission repair business in a residential zone is not allowed," and that pursuant to article XIII, section 30788(D) of the town's zoning ordinance, the 1985 use variance had expired due to non-use for one year or longer. See Pelham, N.H., Rev. Ordinances art. XIII,

Download 2009-228, ALFRED HUARD v. TOWN OF PELHAM & a..pdf

New Hampshire Law