Collden Corporation (“Collden”) was granted approval of a multi-phase subdivision in July 1993, subject to the condition that all required improvements would be completed within six years. Subsequently, the deadline was extended to 2000, but by 2000 only Phase I was completed. In 2000 and 2003, the Town amended its zoning ordinance. In May 2004, Collden indicated its intention to begin construction on the remaining subdivision phases. But, in June 2004, the planning board determined that the subdivision approval had expired. Collden did not appeal the decision. In December 2007, Collden filed a declaratory judgment action in superior court seeking a ruling that Collden had a vested right to build the subdivision or, alternatively, that the Town was barred by estoppel from completing the subdivision. The Town filed a motion to dismiss because Collden had not appealed the 2004 planning board decision within 30 days as required by RSA 677:15, II. The trial court granted the motion to dismiss.
On appeal, Collden first argued that the 30-day appeal deadline of RSA 677:15 did not apply to its claims, which arose long after the original planning board’s conditional subdivision approval. But the Court held that RSA 677:15 applies to all final decisions of planning boards, not only the decisions that approve or disapprove subdivision and site plan applications. Hence, when, in 2004, the planning board determined that the approval had expired, Collden should have appealed to the superior court within 30 days under RSA 677:15. “RSA 677:15 provides for deference to the decisions of local land use bodies, finality for those whose interests are affected by such decisions, and speedy appeals to the superior court.”
The Court also held that the estoppel claim was essentially directed to the 2004 decision and thus also subject to the 30-day appeal period of RSA 677:15.