N.H. Rev. Stat. Ann. » N.H. Rev. Stat. Ann. / Title lxiv / Chapter 677
New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 677:2 (2026)

Motion for Rehearing of Board of Adjustment, Board of Appeals, and Local Legislative Body Decisions

✓ current as of May 2026
Find cases: SyfertCases citing this section NH-GCgc.nh.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
    677:2 Motion for Rehearing of Board of Adjustment, Board of Appeals, and Local Legislative Body Decisions. – Within 30 days after any order or decision of the zoning board of adjustment, or any decision of the local legislative body or a board of appeals in regard to its zoning, the selectmen, any party to the action or proceedings, or an abutter as defined by RSA 672:3 may apply for a rehearing in respect to any matter determined in the action or proceeding, or covered or included in the order, specifying in the motion for rehearing the ground therefor; and the board of adjustment, a board of appeals, or the local legislative body, may grant such rehearing if in its opinion good reason therefor is stated in the motion. This 30-day time period shall be counted in calendar days beginning with the date following the date upon which the board voted to approve or disapprove the application in accordance with RSA 21:35; provided however, that if the moving party shows that the minutes of the meeting at which such vote was taken, including the written decision, were not filed within 5 business days after the vote pursuant to RSA 676:3, II, the person applying for the rehearing shall have the right to amend the motion for rehearing, including the grounds therefor, within 30 days after the date on which the written decision was actually filed. If the decision complained against is that made by a town meeting, the application for rehearing shall be made to the board of selectmen, and, upon receipt of such application, the board of selectmen shall hold a rehearing within 30 days after receipt of the petition. Following the rehearing, if in the judgment of the selectmen the protest warrants action, the selectmen shall call a special town meeting.

Source. 1983, 447:1. 1988, 131:4. 1994, 116:1. 1995, 243:3. 2000, 144:2. 2005, 105:1. 2009, 266:2, eff. Sept. 14, 2009. 2024, 130:2, eff. Sept. 1, 2024.

Notes of Decisions
Cited in 44 cases (3 in the last 5 years), 1988–2023 · leading case: New Cingular Wireless PCS, LLC v. Town of Stoddard, 853 F. Supp. 2d 198 (D.N.H. 2012).
Sort: Relevance Newest Treatment
New Cingular Wireless PCS, LLC v. Town of Stoddard, 853 F. Supp. 2d 198 (D.N.H. 2012). · cites it 19× “See N.H.Rev.Stat. Ann. §§ 677:2, 677:3. New Cingular claims that this amounts to a violation of § 704(a), as clarified by the Shot Clock Ruling.”
Cardinal Dev. Corp. v. Town of Winchester Zoning Bd. of Adjustment, 958 A.2d 996 (N.H. 2008). · cites it 12× “See RSA 677:2, :3 (2008). It is unclear whether Cardinal’s counsel was under the impression that the motion for rehearing was due on Friday, February 2, or, as the superior court later concluded, on Monday, February 5.”
Bosonetto v. Town of Richmond, 48 A.3d 973 (N.H. 2012). · cites it 10× “It noted that RSA 677:2 (2008) (amended 2009) requires that a motion for rehearing be filed within “30 days after any order or decision of the [ZBA]” and that the thirty-day time period “shall be counted in calendar days beginning with the date following the date upon which the…”
Blue Jay Realty Trust v. City of Franklin, 567 A.2d 188 (N.H. 1989). · cites it 8× “) cited the plaintiff’s failure to comply with RSA 677:2, :3 and :4 and failure to exhaust administrative remedies in granting the defendant’s motion to dismiss.”
Hooksett Conservation Comm'n v. Hooksett Zoning Bd. of Adjustment, 816 A.2d 948 (N.H. 2003). · cites it 14× “The commission filed a request for rehearing under RSA 677:2 (1996) (amended 2000), which was denied.”
Thomas v. Town of Hooksett, 903 A.2d 963 (N.H. 2006). · cites it 3× “RSA 677:4 states that any “person aggrieved” by an order of the zoning board of adjustment may appeal to the superior court and that a “person aggrieved” includes any party entitled to request a rehearing under RSA 677:2. See RSA 677:4. RSA 677:2 states that any party to the…”
McDonald v. Town of Effingham Zoning Bd. of Adjustment, 872 A.2d 1018 (N.H. 2005). · cites it 4× “With respect to the ZBA rehearing process, “any party to the action or proceedings” has thirty days from any order or decision of the ZBA to “apply for a rehearing in respect to any matter determined in the action or proceeding____” RSA 677:2 (Supp. 2004). A rehearing is not a…”
Pelletier v. City of Manchester, 844 A.2d 484 (N.H. 2004). · cites it 5× “The city moved to dismiss the appeal on the grounds that the second motion for rehearing was not filed within thirty days of the ZBA’s vote to deny the variance application and was, thus, not timely under RSA 677:2 (Supp. 2003). The superior court granted the motion, stating…”
Bedford Residents Grp. v. Town of Bedford, 547 A.2d 225 (N.H. 1988). · cites it 4× “The defendants filed motions to dismiss both actions, arguing that they were barred by virtue of not having first been brought before the Bedford Board of Selectmen on a motion for rehearing pursuant to RSA 677:2. The parties entered into a stipulation of documents and facts, on…”
Hannaford Bros. v. Town of Bedford, 64 A.3d 951 (N.H. 2013). · cites it 4× “See RSA 677:2 (Supp. 2012). The petitioner appealed to the superior court under RSA 677:4, which allows appeal by “[a]ny person aggrieved by any order or decision of the zoning board of adjustment.”
Mountain Valley Mall Assocs. v. Mun. of Conway, 745 A.2d 481 (N.H. 2000). · cites it 2× “RSA 677:2, :3 (1996), and subsequently denied its motion for rehearing, the plaintiff appealed that decision to the superior court (ZBA appeal) in June 1997, see RSA 677:4 (Supp.”
Dziama v. City of Portsmouth, 669 A.2d 217 (N.H. 1995). · cites it 4× “1988) conditions an appeal to the superior court upon the filing of a motion for rehearing: No appeal from any order or decision of the zoning board of adjustment or the local legislative body shall be taken unless the appellant shall have made application for rehearing as…”
Show all 44 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.