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Webster v. Town of Canada

778 A.2d 402 (2001)

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Webster v. Town of Canada

New Hampshire Supreme Court
778 A.2d 402 (2001)

  • Written by Robert Cane, JD

Facts

A New Hampshire state statute (the scenic-road statute) provided local planning boards with the power to designate roads as scenic and to regulate the removal of trees on designated scenic roads. The Town of Canada Planning Board (board) (defendant) voted to designate Libbee Road as a scenic road under the scenic-road statute. The board found that the designation of Libbee Road as a scenic road protected and enhanced the scenic beauty of the town. Kenneth Webster, Margaret Demos, Winthrop Sargent, and Julee Sanderson (the developers) (plaintiffs) sought permission from the board to remove trees from Libbee Road. The board denied the applications of the developers, who then appealed the denials by the board to the superior court, which affirmed the board’s decisions. The developers appealed again, arguing the concept of scenic beauty was impermissibly vague.

Rule of Law

Issue

Holding and Reasoning (Dalianis, J.)

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