Bel-Air Nursing and Rehab Center, Inc. v. Town of Goffstown ( 2015 )

THE STATE OF NEW HAMPSHIRE
SUPREME COURT
In Case No. 2015-0046, Bel-Air Nursing and Rehab Center,
Inc. v. Town of Goffstown, the court on December 9, 2015,
issued the following order:
Having considered the briefs and record submitted on appeal, including
the materials provided by the petitioner in its “Notice of Additional Late
Authorities and/or Intervening Matters Pursuant to N.H. Supreme Court Rule
16(7),” we conclude that oral argument is unnecessary in this case. See Sup. Ct.
R. 18(1). We affirm.
The petitioner, Bel-Air Nursing and Rehab Center, Inc., appeals an order of
the Superior Court (Brown, J.) affirming a decision of the zoning board of
adjustment (board) for the defendant, the Town of Goffstown (town), denying its
application for a variance. See RSA 674:33, I(b) (Supp. 2014). It argues that the
trial court erred by not: (1) finding that a board member had a conflict of interest
that disqualified her from voting on its application; (2) granting its motion for a
new trial on the basis of new evidence discovered regarding the conflict of
interest; (3) finding that it had demonstrated unnecessary hardship; and (4)
finding that the application to it of the town’s ordinance violated its substantive
due process and equal protection rights.
As the appealing party, the petitioner has the burden of demonstrating
reversible error. Gallo v. Traina, 166 N.H. 737, 740 (2014). Based upon our
review of the trial court’s well-reasoned order, the petitioner’s challenges to it, the
relevant law, and the record submitted on appeal, we conclude that the petitioner
has not demonstrated reversible error. See id.Affirmed.
Dalianis, C.J., and Hicks, Conboy, Lynn, and Bassett, JJ., concurred.
Eileen Fox,
Clerk