Carl Stansbury v. Hep

The two questions to be decided in this case are whether the trial court erred in denying defendants motion to dismiss alleging that plaintiffs failed to petition the zoning board of adjustment for a rehearing prior to appealing to the superior court and whether a town road closed subject to gates and bars is a "public right of way" as that term is used in the town of Brentwood zoning ordinance so as to require the town to issue a building permit for construction on property adjacent to the road. See RSA 31:75 ; RSA {*289} 238:2 (Supp. 1973). Morris, J., reserved and transferred the towns exceptions to the denial of its motion to dismiss and to the courts order that a "building permit issue forthwith."