In re Rattee
New Hampshire Supreme Court
761 A.2d 1076 (2000)
- Written by Robert Cane, JD
Facts
In 1982, Horace Blood granted an agricultural-preservation restriction (restriction) to the State of New Hampshire through the New Hampshire Agricultural Lands Preservation Committee (committee) on 103 acres of his property. The state paid $406,000 to acquire the restriction. The restriction provided that the construction or placement of residential dwellings were subject to the prior approval of the committee (prior-approval provision). In 1996, Steven Rattee purchased the land subject to the restriction from Blood. Rattee sought to build a new residence for himself on the land and applied for a building permit from the city without first seeking approval from the committee. The state advised Rattee that he was in violation of the restriction, and he was denied a building permit. Rattee contended that the governing state statute granted an exception from agricultural-preservation restrictions for dwellings used as a residence by the landowner, so the prior-approval provision of the restriction was invalid. Rattee appealed to the superior court for permission to construct a home on the land, which the superior court denied. Rattee then appealed to the New Hampshire Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Brock, C.J.)
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