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RSA 677:6 · Burden of Proof

Title
LXIV: PLANNING AND ZONING
Chapter
677 · REHEARING AND APPEAL PROCEDURES
Status
current
Official source linked
Yes
Official source Copy section link

677:6 Burden of Proof. – In an appeal to the court, the burden of proof shall be upon the party seeking to set aside any order or decision of the zoning board of adjustment or any decision of the local legislative body to show that the order or decision is unlawful or unreasonable. All findings of the zoning board of adjustment or the local legislative body upon all questions of fact properly before the court shall be prima facie lawful and reasonable. The order or decision appealed from shall not be set aside or vacated, except for errors of law, unless the court is persuaded by the balance of probabilities, on the evidence before it, that said order or decision is unreasonable. Source. 1983, 447:1, eff. Jan. 1, 1984.

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Source note

Source. 1983, 447:1, eff. Jan. 1, 1984.

Source history

  • 1983, 447:1, eff. Jan. 1, 1984

Related materials

Bill relationships

  • 2026 HB1583 reference

    o the governing body within 30 days of receiving written notice of the assessment. A final decision of the governing body may be appealed to the superior court in accordance with RSA 677. 52-A:19 Dissolution. An infrastructure-based special assessment district created under this subdivision shall not be dissolved until all debt incurred with respect to the district has been fully discharged and all

  • 2026 HB244 reference · effective 2026-07-01

    ector and] administrative officer charged with enforcement and may issue [building or] use permits in the first instance if clearly permitted by law. The applicable provisions of RSA 677 shall govern motions for rehearing, appeals, enforcement, and interpretation. In addition to other remedies, any person convicted of violation of the provisions of RSA [674:25-29] 674:25 through 29 by a court of compet

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