Town of Barrington v. Townsend
164 N.H. 241
| N.H. | 2012Background
- Respondent Townsend owns 43 Hall Road in Barrington and has historically lived in RVs on the property.
- Sites on the property had utility hookups and were used for guests; Townsend claimed about 10 full hookups in 2009.
- After an RV fire in 2008, Townsend moved into his barn, a two-story structure with living amenities, workshop, and office.
- In March 2009 the Town issued a zoning violation/cease and desist order for using the barn as a dwelling and for camping on the lot without permits.
- Townsend moved to comply but did not obtain site plan or occupancy approvals; the Town filed suit in July 2009 seeking injunctions, penalties, and fees.
- In February 2010 the court granted summary judgment for the Town on the campground- and dwelling-use violations; attorney’s fees were awarded to the Town.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the campground use violated the zoning ordinance as a non-residential use | Townsend disputed that use was non-residential; Town argued no material fact on non-residential classification. | Townsend argued the RV campsite was residential by virtue of guest accommodations, not a non-residential use. | Non-residential use established; legal determination affirmed. |
| Whether Townsend’s barn was illegally used as a dwelling without a certificate of occupancy | Township sought injunction based on continued dwelling use without occupancy certification. | Townsend claimed he moved out and any injunction was punitive for past conduct only. | Court upheld injunction and dwelling-use finding; continued use supported by evidence. |
| Whether the attorney’s fees award to the Town was proper | Town contends fees reasonable and proportionate to prevailing claims. | Townsend argued the fee amount and allocation were not adequately supported. | Fees awarded was within the trial court’s discretion; upheld. |
Key Cases Cited
- Bates v. Vt. Mut. Ins. Co., 157 N.H. 391 (N.H. 2008) (summary judgment standard; de novo review of law)
- Town of Greenland v. Bunker, 118 N.H. 783 (N.H. 1978) (interpretation of undefined terms in zoning ordinance)
- Thurston Enterprises, Inc. v. Baldi, 128 N.H. 760 (N.H. 1986) (injunctions focus on future violations)
- Funtown USA Inc. v. Town of Conway, 129 N.H. 352 (N.H. 1987) (eight factors for determining attorney’s fee reasonableness)
- Demers Agency v. Widney, 155 N.H. 658 (N.H. 2007) (standard of review for attorney’s fees)
- Arcidi v. Town of Rye, 150 N.H. 694 (N.H. 2004) (appeals; discretion in fee awards)
- H Hillside Assocs. of Hollis v. Maine Bonding & Cos. Co., 135 N.H. 325 (N.H. 1992) (scope of question on appeal)