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Marchand v. Town of Hudson

147 N.H. 380, 788 A.2d 250 (2001)

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Marchand v. Town of Hudson

New Hampshire Supreme Court

147 N.H. 380, 788 A.2d 250 (2001)

Facts

Muller was an amateur ham radio operator who resided in a residential section in the Town of Hudson (the town) (defendant). Muller applied for a building permit to erect three 90-foot amateur radio towers, which would eventually have 10-foot antennae added to them. Muller’s neighbors Suzanne Marchand, Joanne Radziewicz, and Peter Radziewicz (the neighbors) (plaintiffs) opposed the erection of the radio towers. The neighbors appealed the grant of Muller’s building permit to the town’s zoning board of adjustment (ZBA) and argued that radio communications towers were not permitted in the residential zone. ZBA found that ham radio was an accessory use in residential districts in the town and upheld the grant of Muller’s building permit. The neighbors requested a rehearing, and the ZBA upheld its decision. The neighbors then appealed to the superior court. The superior court reversed the ZBA decision, rescinded the building permits, and ordered that the towers be removed. The town appealed and argued that the building permit was properly issued as an accessory use and that the superior court’s ordered relief conflicted with federal objectives to promote amateur communications.

Rule of Law

Issue

Holding and Reasoning (Brock, C.J.)

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