New Hampshire's Land Use Review Docket officially opens
Jan. 16—New Hampshire's Land Use Review Docket — a subset of superior court — officially opened Tuesday at Hillsborough County Superior Court North with the swearing in of Presiding Judge Michael Klass, a veteran land use attorney.
The result of legislative action last year, the docket now has statewide jurisdiction over appeals filed after Jan. 1, 2024. Its goal is to speed the pace and resolution of land use appeals and bring consistency to that process.
According to a court system news release, the docket will hear appeals of decisions made by local land use boards, including planning boards, zoning boards, historic district commissions and conservation commissions. It is not authorized to hear appeals of state agency decisions.
Under RSA 491:7B, the docket must hold a structuring conference within 30 days of receiving notice of an appeal. The court then sets a deadline for filing related records. A hearing on an appeal's merits must occur within 60 days of receipt of certified records. The court's decision must be rendered within 60 days of the hearing.
"With an acute shortage of housing units in New Hampshire, it is important to expedite to the greatest extent possible the hearing and adjudication of land use appeals so developers, local boards and interested parties can resolve outstanding matters as they arise," Judge Mark E. Howard, Chief Justice of the New Hampshire Superior Court, stated Tuesday in a news release. "The (Legislature), in collaboration with the courts, seeks to reduce unnecessary delays in land use appeals so shovels are not waiting to get in the ground for months or years."
Seventy land use cases were pending in New Hampshire superior courts at the end of 2023. Of these, 38 will be transferred to the docket, which will decide appeals filed across the state from the beginning of this year onward.
Most preliminary proceedings will be conducted virtually. Hearings on the merits will be in person. Most final hearings will take place at Hillsborough County North Superior Court in Manchester. The Docket's judge can also travel to the county of origin.
Klass was confirmed to serve on the Land Use Review Docket by the Executive Council on Nov. 29, 2023, after he was confirmed by Gov. Chris Sununu.
Klass is licensed to practice law in New Hampshire and Massachusetts. He served as a law clerk for the Massachusetts Land Court before going into private practice, where he specialized in property and land use issues. He was the sole attorney on the three-person New Hampshire Housing Appeals Board.
Howard cited Klass's familiarity with historic, zoning, building and environmental regulations and awareness of impacts on abutters and municipalities. Although assigned mainly to land use cases, the docket judge will remain available to hear and rule on other matters within the Superior Court's jurisdiction.
"The hope is that having one judge in the state focused on land use appeals will bring consistency to the review process and a more efficient use of judicial resources," Howard stated in the news release.
