N.H. Rev. Stat. Ann. » N.H. Rev. Stat. Ann. / Title lxiv / Chapter 676

N.H. Rev. Stat. Ann. § 676:15

Injunctive Relief

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    676:15 Injunctive Relief. – In case any building or structure or part thereof is or is proposed to be erected, constructed, altered, or reconstructed, or any land is or is proposed to be used in violation of this title or of any local ordinance, code, or regulation adopted under this title, or of any provision or specification of an application, plat, or plan approved by, or any requirement or condition of a permit or decision issued by, any local administrator or land use board acting under the authority of this title, the building inspector or other official with authority to enforce the provisions of this title or any local ordinance, code, or regulation adopted under this title, or the owner of any adjacent or neighboring property who would be specially damaged by such violation may, in addition to other remedies provided by law, institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, alteration, or reconstruction.

Source. 1983, 447:1. 1988, 19:5, eff. Jan. 1, 1989.

Notes of Decisions
Cited in 22 cases (7 in the last 5 years), 1988–2025 · leading case: Town of Atkinson v. Malborn Realty Trust
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Town of Atkinson v. Malborn Realty Trust (2012) nh · cites it 2× “See RSA 676:15 (2008), :17 (Supp. 2011). The petitioner, Town of Atkinson (Town), cross-appeals the trial court’s failure to award it attorney’s fees.”
Sutton v. Town of Gilford (2010) nh · cites it 2× “She argued that the fact that the Town had issued the amended building permit indicated that construction of the new house would not violate the Town’s zoning ordinance, and that, therefore, as a matter of law, Sutton had not suffered “special damages” under RSA 676:15.…”
David F. Dietz & a. v. Town of Tuftonboro (2019) nh “See RSA 676:15 (2016). Thereafter, Sawyer Point applied to the ZBA for equitable waivers pursuant to RSA 674:33-a (2016) for the portion of the 1999 Addition within the setback, and the *69 approximately fifty square-foot portion of the 2008 Addition that is within the setback…”
Sara Realty, LLC v. Country Pond Fish & Game Club, Inc. (2009) nh · cites it 8× “It also asserted that Country Pond had failed to adequately comply with the planning board’s noise mitigation requirements and thus sought injunctive relief pursuant to RSA 676:15 (2008). Country Pond moved to dismiss, citing RSA chapter 159-B.”
Bennett v. Town of Hampstead (2008) nh · cites it 2× “the municipality shall recover its costs and reasonable attorney’s fees actually expended in pursuing the legal action if it is found to be a prevailing party in the action.”
Town of Barrington v. Townsend (2012) nh “RSA 676:17, II provides, in part: In any legal action brought by a municipality to enforce, by way of injunctive relief as provided by RSA 676:15 or otherwise, any local ordinance, code or regulation adopted under this title .”
White v. Francoeur (1994) nh · cites it 2× “to enforce, by way of injunctive relief as provided by RSA 676:15 or otherwise, any local ordinance, code or regulation adopted under this title, or to enforce any planning board .”
Bedard v. TOWN OF ALEXANDRIA (2010) nh “The statute provides only for discretionary fee awards: Fines, penalties, and remedies for violations of this chapter shall be the same as for violations of RSA title LXIV [Planning and Zoning], as stated in RSA 676:15, 676:17, 676:17-a, and 676:17-b.”
Miner v. A & C Tire Co. (2001) nh “It ruled that the plaintiffs had standing to complain about the defendants’ activities under RSA 676:15 (1996) and that the garage operation was not a lawful non-conforming use.”
Barton v. H.D. Riders Motorcycle Club, Inc. (1988) nh · cites it 3× “See RSA 676:15. The club’s appeal from the injunction and removal order turns on relatively simple issues.”
Town of Newbury v. Landrigan (2013) nh “See RSA 674:35 (2008) (amended 2012); RSA 676:15 (2008); RSA 676:16 (2008). The respondents argue that the trial court erred in finding that their conduct and that of their predecessors had merged two non-conforming parcels into a single lot.”
Town of Swanzey v. Liebeler (1996) nh “) that the Town of Swanzey (town) is entitled to injunctive relief under RSA 676:15 (Supp. 1995) for a violation of RSA chapter 310-A (1995) and section 108.”
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