Declaratory Judgment to Attack Zoning Board of Adjustment Decision
This court recognizes that a petition for declaratory judgment is an appropriate means of challenging certain actions by the local Zoning Board of Adjustment or "other duly authorized local legislative body" when the challenged actions lay outside the scope of "zoning related matters."
See City of Portsmouth v. Schlesinger, 140 N.H. 733, 735, 672 A.2d 712 (1996) (declaratory judgment action appropriate when developers agree with zoning arrangement but contend City lacked authority to impose payment condition);
see also Blue Jay Realty Trust v. Citv of Franklin, 132 N.H. 502, 509-510, 567 A.2d 188 (1989) (declaratory judgment petition may used for direct review of validity of zoning decisions), and Morgenstern v. Town of Rye, 147 N.H. 558, 561, 794 A.2d 782 (2002) (declaratory judgment petition may be used to challenge constitutionality of zoning ordinance on its face or as applied to particular property).
Specifically, a petitioner may bring a declaratory judgment action to attack a Zoning Board of Adjustment's decision collaterally when the collateral attack "raises questions of law suited to judicial rather than administrative treatment." Morgenstern, 147 N.H. at 561-562 (citing Blue Jay Realty Trust, 132 N.H. at 509-510).