Garipay v. Town of Hanover

L. Earle Garipay (plaintiff) wanted to build a 49-home subdivision on the top of a hill in the town of Hanover, New Hampshire (the town) (defendant). The town denied Garipay’s request because the only access road to the proposed subdivision site, Hemlock Road, was inadequate to handle the increased traffic that would result from constructing the subdivision. Hemlock Road was narrow and steep, with only a two-foot-wide shoulder. The planning board found that the road would be dangerous for pedestrian and vehicular traffic, and the police chief said that it would be difficult for the department to respond to emergencies on Hemlock Road during the winter. However, 18 homes already existed along Hemlock Road. Garipay appealed the planning board’s decision, alleging that the planning board was precluded from considering offsite factors like the adequacy of the road and that the planning board should have limited its investigation to whether the subdivision complied with state and town requirements. Garipay further argued that although consideration of offsite factors may be appropriate if the factors make a subdivision scattered or premature (e.g., a subdivision that poses a danger to the public because of insufficient services), because of the existing homes on Hemlock Road, the proposed subdivision could not be considered premature.