The New Hampshire Supreme Court Weighs in on a Road Layout Dispute

In a recent decision, the New Hampshire Supreme Court ruled on an important issue involving a resident's ability to challenge a town's refusal to lay out a new public road. The case highlights the judiciary’s role as a backstop when towns deny road layout petitions. 

The case, Lauren C. Shearer v. Town of Richmond, arose from a dispute between plaintiff Lauren Shearer and the Town of Richmond over Shearer's request to have the town lay out a new class V highway. After the town scheduled, postponed, and finally held a hearing on his petition, the town's Board of Selectmen denied Shearer’s request in March 2022.

Shearer took the case to court, as allowed under state law RSA 231:38. That law permits residents to appeal to the courts when a town has “neglected or refused” to lay out a requested road. Shearer claimed the town had “neglected” his petition based, in large part, on the procedural history of the case.

The lower court ruled in the town’s favor, finding no neglect. But on appeal, the state Supreme Court focused primarily on the “refusal” part of the statute. It held that by denying Shearer’s petition after a hearing, the town had plainly “refused” to lay out the road. This “refusal” vested the courts with jurisdiction to hear Shearer’s appeal.

The Court explained that the plain meaning of “refuse” in RSA 231:38 is that the town indicated its unwillingness to lay out the road. And by denying the petition, the town did exactly that.

The Supreme Court also rejected the town’s argument that Shearer had to file a different type of administrative appeal under the color of RSA 231:34. Instead, the Court found the denial was a “refusal” under the road layout statute, such that Shearer had properly invoked the court’s jurisdiction.

This ruling confirms New Hampshire courts will step in when towns reject road petitions, even if all procedural formalities were followed by the municipality. The Court wants to ensure that residents like Shearer have judicial recourse when towns say no.

Road layout disputes arise frequently in New Hampshire. As the Supreme Court explained, if a town denies a layout petition, the disappointed petitioner can appeal to the courts for an independent review, regardless of whether town officials properly followed all relevant rules. That backstop is crucial for residents whom seek access over land where no public road currently exists.

At bottom, Shearer v. Town of Richmond is an excellent example of how New Hampshire’s appellate courts can profoundly shape the rules that govern conflicts between towns and the state’s citizens. The Supreme Court's ruling confirms that the judiciary's role in these local disputes provides an essential check and balance on municipal power. Plaintiffs like Shearer can seek justice from the judiciary, even when town leaders first tell them “no.”

You can contact Alfano Law by calling (603) 856-8411 or at this link.