Soaring Hawk, LLC v. Town of Epping

Issues on Appeal

The following summaries of the issues on appeal have been prepared by clerk’s office staff for the convenience of the public. The Supreme Court has neither approved nor reviewed any of the summaries. The parties’ filings and the applicable record — not these summaries — define and establish the issues that the Supreme Court will consider in a case. Please note that, in the interest of brevity, some issues in a listed case may have been combined or not summarized. In these summaries, “Rule Type” refers to the particular Supreme Court Rule under which the case has been docketed. “Type” and “Subtype” refer to the case type and case subtype, as determined in accordance with the definitions in the State Court Guide to Statistical Reporting, a publication of the Court Statistics Project (a joint project of the National Center for State Courts and the Conference of State Court Administrators).

Rule Type

Rule 7 Mandatory

Type

Administrative

Subtype

Municipal Board Decision

Whether the trial court erred in affirming the Epping Zoning Board of Adjustment’s (ZBA) denials of height and habitable-story variances based solely on the Epping Fire Department's conclusion that the proposed height and four habitable stories were not safe based upon conceptual plans before the ZBA, where such fire safety concerns were not ripe for consideration and are properly within the authority of the Epping Planning Board pursuant to RSA 674:44, II(a)(4).