Durant v. Town of Dunbarton
Supreme Court of New Hampshire
430 A.2d 140 (1981)
Durant (plaintiff) submitted a subdivision plan to the planning board of the Town of Dunbarton (defendant), which denied approval based on concerns over disturbance to natural waterways, potential septic system problems from a high water table, and visibility issues at highway entrances. The trial court upheld the board's decision, and Durant appealed, arguing the town's subdivision ordinance was impermissibly vague for lacking specific approval criteria and that the board improperly denied the plan without a specific finding of "exceptional risk" as the ordinance required.
Whether, under New Hampshire law, a municipal planning board's discretionary decision to approve or disapprove a subdivision plan will be overturned when the record shows a reasonable basis for the decision.