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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hynes v. Hale, 146 N.H. 533 (2001)

Citation
Hynes v. Hale, 146 N.H. 533 (2001)
Parent Document
Hynes v. Hale, 146 N.H. 533 (2001)
Jurisdiction
New Hampshire (state)
Effective Date
2001-06-22

Full Text

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The trial court’s review of a decision of the board is governed by RSA 677:6 (1996). See RSA 205-A:28, II (2000). The appealing party has the burden of demonstrating to the trial court that the board’s decision was unlawful or unreasonable. See Sundberg v. Greenville Bd. of Adjustment, 144 N.H. 341, 343 (1999). “We, in turn, will not disturb the trial court’s determination if there is evidence upon which the court’s decision reasonably could be based and it was not erroneous as a matter of law.” Id. (citation omitted). “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.” Mt. Valley Mall Assocs. v. Municipality of Conway, 144 N.H. 642, 647 (2000) (quotation omitted). I. Separation of Powers