Goldstein v. Town of Bedford, 910 A.2d 1158 (N.H. 2006). · Go Syfert
Goldstein v. Town of Bedford, 910 A.2d 1158 (N.H. 2006). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case, last quoted 2011 · …all persons in the community who might feel that they are hurt by at p. 395 ✓
20 citation events (20 in the last 25 years) across 1 distinct court.
Strongest positive: Appeal of New Hampshire Department of Environmental Services 2022-0691, Appeal of North Country Environmental Services, Inc. (nh, 2023-12-28)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) Appeal of New Hampshire Department of Environmental Services 2022-0691, Appeal of North Country Environmental Services, Inc.
N.H. · 2023 · confidence medium
In construing similarly worded statutes, we have explained that a “person aggrieved” includes any person who can show some “direct definite interest in the outcome of the proceeding.” Goldstein v. Town of Bedford, 154 N.H. 393, 395 (2006) (quotations omitted).
cited Cited as authority (rule) Appeal of Todd McIntire & a.
N.H. · 2022 · confidence medium
Goldstein v. Town of Bedford, 154 N.H. 393, 395 (2006) (quotations omitted).
discussed Cited as authority (rule) Robert T. Bevill v. Town of Merrimack
N.H. · 2015 · confidence medium
Assuming, without deciding, that the petitioner has standing to challenge each of the prior applications, but see Goldstein v. Town of Bedford, 154 N.H. 393, 395-96 (2006); Nautilus of Exeter v. Town of Exeter, 139 N.H. 450, 452 (1995), we agree with the trial court that his request to review the applications is untimely.
discussed Cited as authority (rule) Hannaford Bros. v. Town of Bedford
N.H. · 2013 · confidence medium
“Standing will not be extended to all persons in the community who might feel that they are hurt by a local administrator’s decision.” Goldstein v. Town of Bedford, 154 N.H. 393, 395 (2006) (brackets and quotation omitted).
discussed Cited as authority (rule) Union Leader Corp. v. New Hampshire Retirement System
N.H. · 2011 · confidence medium
Where that history plainly supports a particular construction of the statute, we will adopt that construction, since our task in interpreting statutes “is to determine legislative intent.” Goldstein v. Town of Bedford, 154 N.H. 393, 395 (2006) (quotation omitted).
examined Cited as authority (rule) Golf Course Investors of NH, LLC v. Town of Jaffrey (5×) also: Cited "see"
N.H. · 2011 · confidence medium
See RSA 676:5,1; Goldstein v. Town of Bedford, 154 N.H. 393, 395 (2006).
discussed Cited as authority (rule) State v. Hynes
N.H. · 2009 · confidence medium
See Babiarz v. Town of Grafton, 155 N.H. 757, 760 (2007) (holding, in construing RSA 669:35 (2008) (amended 2008), that a “person aggrieved” by a ruling of the board of recount has “an interest [in the election] which is special or superior to that of a mere voter or member of the public” (quotation and brackets omitted)); Goldstein v. Town of Bedford, 154 N.H. 393, 395 (2006) (holding, in the context of a zoning board appeal pursuant to RSA 676:5, I, that to be a “person aggrieved” a petitioner must demonstrate “some direct definite interest in the outcome of the proceedings,”…
discussed Cited as authority (rule) Joyce v. Town of Weare (2×) also: Cited "see"
N.H. · 2007 · confidence medium
To be considered a person aggrieved, a litigant must have a “direct definite interest in the outcome of the proceedings.” Goldstein v. Town of Bedford, 154 N.H. 393, 395 (2006). *529 To determine whether a party’s interest in the outcome of a planning board proceeding is sufficiently direct and definite to bestow standing, the trial court must conduct a factual inquiry.
discussed Cited as authority (rule) Babiarz v. Town of Grafton
N.H. · 2007 · confidence medium
Standing will not be extended to all persons in the community who might feel that they are hurt by a local administrator’s decision.” Goldstein v. Town of Bedford, 154 N.H. 393, 395 (2006) (quotations and brackets omitted).
cited Cited as authority (rule) Anderson v. Motorsports Holdings, LLC
N.H. · 2007 · signal: cf. · confidence medium
Cf. Goldstein v. Town of Bedford, 154 N.H. 393, 396 (2006).
Retrieving the full opinion text from the archive…
Arnold Goldstein
v.
Town of Bedford & A.
2005-598.
Supreme Court of New Hampshire.
Nov 22, 2006.
910 A.2d 1158
2006 N.H. LEXIS 173
Wiggin & Nourie, P.A., of Manchester (Gregory E. Michael and Patricia M. Panciocco on the brief, and Ms. Panciocco orally), for the plaintiff., Upton & Hatfield, LLP, of Concord (.Matthew R. Serge on the brief, and Barton L. Mayer orally), for defendant Town of Bedford.
Broderick, Dalianis, Duggan, Galway.
Cited by 11 opinions  |  Published
BRODERICK, C.J.

The plaintiff, Arnold Goldstein, appeals an order of the Superior Court (Conboy, J.) dismissing his mandamus petition for lack of standing. We affirm.

In January 2005, the plaintiff, a resident and taxpayer in the town of Bedford (town), notified town officials that defendant Christopher Evans had allegedly violated the zoning ordinance governing the merger of two non-conforming lots. The town’s zoning administrator investigated the matter, contacted the town’s legal counsel, and decided against pursuing an enforcement action.

In March, the plaintiff filed an appeal with the Bedford Zoning Board of Adjustment (ZBA) challenging the decision of the zoning administrator. At the hearing before the ZBA in April, the plaintiff acknowledged that he had no interest in the zoning enforcement matter different from any other citizen in the town and that he was “just a Bedford resident who would like to see the zoning ordinance enforced.” The ZBA denied the plaintiff’s administrative appeal on grounds that he lacked standing because he was not an aggrieved party. See RSA 676:5,1 (1996).

The plaintiff had earlier filed a petition for a writ of mandamus in the superior court requesting that it: (1) order the town to investigate and enforce its zoning ordinance, cancel Evans’ existing permits, and enjoin both the issuance of any further permits to him and his future sale of the lots; (2) declare the lots merged; and (3) award him fees and costs for having to take action as a private citizen to enforce the ordinance. The plaintiff asserted that he had a right to mandamus relief because of his status as a resident of the town.

In May, at a hearing held in the superior court on the plaintiff’s request for relief, the town filed a motion to dismiss the plaintiff’s petition contending that he lacked standing to bring it. Following the hearing, the trial court granted the town’s motion. This appeal followed.

[*395] The plaintiff argues that because he is a resident and taxpayer in the town, he has standing to appeal a decision of the zoning administrator not to enforce a local zoning ordinance. In ruling on a motion to dismiss, usually “the trial court is required to determine whether the allegations contained in [a] plaintiff’s pleadings are sufficient to state a basis upon which relief may be granted. To make this determination, the court would normally accept all facts pled by the plaintiff as true, construing them most favorably to the plaintiff.” Ossipee Auto Parts v. Ossipee Planning Board, 134 N.H. 401, 403 (1991) (citation omitted). “When, however, the motion to dismiss does not contest the sufficiency of the plaintiff’s legal claim, but instead, as in the present case, challenges the plaintiff’s standing to sue, the trial court must look beyond the plaintiff’s unsubstantiated allegations and determine, based on the facts, whether the plaintiff has sufficiently demonstrated his right to claim relief.” Id. at 403-04.

We agree with the trial court that the authority to challenge local administrative decisions concerning the enforcement of zoning ordinances is governed by statute. Whether the plaintiff has standing to do so is, therefore, a matter of statutory interpretation. “In any statutory interpretation case, this court’s task is to determine legislative intent.” Silva v. Botsch, 120 N.H. 600, 601 (1980). “In making that determination, we begin with the language of the statute itself.” Id. ‘When that language is plain and unambiguous, we need not look beyond the statute itself for further indications of legislative intent.” Id.

Pursuant to RSA 676:5,1, “any person aggrieved” by any decision of an administrative officer may appeal to the ZBA. “[T]he selectmen, any party to the action or proceedings, or any person directly affected thereby may apply for a rehearing” within thirty days after a decision of the ZBA. RSA 677:2 (Supp. 2006). An appeal from the ZBA’s decision on the motion for rehearing may then be brought in the superior court within thirty days by “[a]ny person aggrieved” by the order or decision of the ZBA. RSA 677:4 (Supp. 2006). The same statute defines “person aggrieved” as “any party entitled to request a rehearing under RSA 677:2.”

To demonstrate that he is a “person aggrieved,” the plaintiff must show some “direct definite interest in the outcome of the proceedings.” Caspersen v. Town of Lyme, 139 N.H. 637, 640 (1995). “[Standing will not be extended to all persons in the community who might feel that they are hurt by” a local administrator’s decision. Nautilus of Exeter v. Town of Exeter, 139 N.H. 450, 452 (1995) (quotation and ellipsis omitted). ‘Whether a party has a sufficient interest in the outcome of a planning board or zoning board proceeding to have standing is a factual determination in[*396] each case.” Weeks Restaurant Corp. v. City of Dover, 119 N.H. 541, 544-45 (1979).

The pertinent statutes plainly limit standing to appeal a decision of an administrative official concerning enforcement of a zoning ordinance either to the ZBA (RSA 676:5) or to the superior court (RSA 677:4) to “persons aggrieved.” At oral argument, the plaintiff conceded that under the Nautilus decision, he did not qualify as an aggrieved person under the statutory scheme. He argues, however, that he has standing as a town resident and taxpayer to seek mandamus relief to require the town to enforce its zoning ordinance. We disagree.

In Nautilus, the plaintiffs, owners of health clubs in the town of Exeter, sought review in the superior court of approval granted by the local planning board and ZBA of Exeter Hospital’s site plan for the construction of an exercise center. Nautilus, 139 N.H. at 451. The plaintiffs claimed standing to appeal based upon their status as “citizens of the town, property owners, taxpayers, and owners of a business within the commercial district.” Id. We affirmed the superior court’s determination that the plaintiffs did not fit the category of “persons aggrieved” because “the only adverse impact that may be felt by [them] as a result of the ZBA’s decision is that of increased competition with their businesses,” a harm that did not entitle them to standing. Id. at 452.

Because the plaintiff concedes that he is not a “person aggrieved” under the statutes, he lacks standing to appeal the decision of the administrative officer to the ZBA. Because he lacks standing to appeal to the ZBA, we conclude that he also lacks standing to bring a mandamus action. To hold otherwise would allow the plaintiff to circumvent the clear intent of the legislature to limit standing for zoning appeals to persons aggrieved. See Hooksett Conservation Comm’n v. Hooksett Zoning Bd. of Adjustment, 149 N.H. 63, 68 (2003). The zoning statutes are primarily intended to protect the public at large and not the interests of individuals. See RSA 672:1 (1996) (purpose of zoning is to enhance the public health, safety and general welfare). As the trial court correctly concluded, “Since [the plaintiff] has proffered no evidence that he has an interest in this action beyond that of a concerned resident and taxpayer, ... [he] lacks standing to seek mandamus relief.”

Affirmed.

Dalianis, Duggan and Galway, JJ., concurred.